Barry v City West Water Limited [2002] FCA 1388

Barry v City West Water Limited [2002] FCA 1388

Given the findings of knowingly false evidence by and on behalf of the applicants, the proceedings against the second respondent are struck out, the applicants are restrained from instituting similar proceedings, and 75% of the second respondent’s costs after 31 December 2000 are to be paid on a full indemnity basis, with the remainder on a party-party basis.

Parties
First Applicant: Kevin Francis Patrick Barry; Second Applicant: Streamline Drains & Pipelines Pty Limited; First Respondent: City West Water Limited; Second Respondent: Brambles Australia Limited
Jurisdiction
Australia
Judgment Date
07 November 2002
Procedural Posture
Civil / Post Judgment Orders and Costs Determination
Outcome
Proceedings against the second respondent struck out; orders as to restraint and costs made
Legal Topics
Costs, Indemnity Costs, Strike Out, Restraining Orders, Contractual Repudiation
Civil Procedure Contract Law Costs Indemnity Costs Strike Out Restraining Orders Contractual Repudiation

Case Brief

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Parties

Kevin Francis Patrick Barry

First Applicant

Streamline Drains & Pipelines Pty Limited

Second Applicant

City West Water Limited

First Respondent

Brambles Australia Limited

Second Respondent

Procedural Posture

Civil / Post Judgment Orders and Costs Determination

Legal Issues

  1. 1 Whether proceedings against the second respondent should be struck out
  2. 2 Whether applicants should be restrained from instituting similar proceedings
  3. 3 Whether indemnity costs should be awarded against the applicants

Ratio Decidendi

Given the findings of knowingly false evidence by and on behalf of the applicants, the proceedings against the second respondent are struck out, the applicants are restrained from instituting similar proceedings, and 75% of the second respondent’s costs after 31 December 2000 are to be paid on a full indemnity basis, with the remainder on a party-party basis.

Court Disposition

Proceedings against the second respondent struck out; orders as to restraint and costs made

Orders

  • Decision of questions raised by paragraph 13 of the amended defence, reply, and rejoinder to be heard before any other trial questions
  • Proceedings as against second respondent struck out with no order as to costs for costs incurred before 31 December 2000