C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 117

C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 117

Costs should be apportioned to reflect partial success: the appellants should not pay costs for the discrete dehumidifiers issue on which respondents did not succeed; for the appeal, appellants are to pay four-fifths of respondents' costs reflecting partial success on the Art 3 r 1 issue.

Parties
Appellant: C V Sheepvaartonderneming Ankergracht; First Respondent: Stemcor (A/sia) Pty Limited; Second Respondent: Tsuda Corporation; Appellant: C V Sheepvaartonderneming Archangelgraccht
Jurisdiction
Australia
Judgment Date
03 August 2007
Procedural Posture
Admiralty Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Orders varying costs at first instance and on appeal; partial costs awarded reflecting party success.
Legal Topics
Costs, Indemnity Costs, Offer of Settlement, Carriage of Goods by Sea
Admiralty Shipping Law Civil Procedure Costs Indemnity Costs Offer of Settlement Carriage of Goods by Sea

Case Brief

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Parties

C V Sheepvaartonderneming Ankergracht

Appellant

Stemcor (A/sia) Pty Limited

First Respondent

Tsuda Corporation

Second Respondent

C V Sheepvaartonderneming Archangelgraccht

Appellant

Procedural Posture

Admiralty Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether costs should be apportioned based on partial success in appeal
  2. 2 Effect of amended pleadings and settlement offers on cost orders
  3. 3 Whether unsuccessful appellants should pay costs related to issues on which respondents did not succeed

Ratio Decidendi

Costs should be apportioned to reflect partial success: the appellants should not pay costs for the discrete dehumidifiers issue on which respondents did not succeed; for the appeal, appellants are to pay four-fifths of respondents' costs reflecting partial success on the Art 3 r 1 issue.

Court Disposition

Orders varying costs at first instance and on appeal; partial costs awarded reflecting party success.

Orders

  • The defendant pay the plaintiffs' costs incurred up to and including 16 May 2003 on a party/party basis.
  • The defendant pay the plaintiffs' costs incurred thereafter on an indemnity basis, save for those costs relating solely to the issue raised by the particular 'failing to install dehumidifiers' in the further amended statement of claim.