Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 7) [2021] FCA 985

Ozmen Entertainment Group Pty Ltd v Neptune Hospitality Pty Ltd (No 7) [2021] FCA 985

Order 13 made on 9 May 2019 and Order 2(e) made on 27 November 2020 did not accurately reflect the intention of the Court as clarified in prior argument. Both orders should be amended under r 39.05(e) of the Federal Court Rules 2011 so that the referee can determine the full scope of Neptune's claims for costs to be shared under the proper construction of the JVA, consistent with reasons previously given.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Practice and Procedure / Application to Vary Judgment/order
Outcome
Orders 13 of 9 May 2019 and 2(e) of 27 November 2020 vacated and substituted with amended orders.
Legal Topics
['amendment of Orders' 'joint Venture Agreements' 'interpretation of Court Orders' 'federal Court Rules R 39.05(e)']
['practice and Procedure'] ['amendment of Orders' 'joint Venture Agreements' 'interpretation of Court Orders' 'federal Court Rules R 39.05(e)']

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Procedural Posture

Practice and Procedure / Application to Vary Judgment/order

Legal Issues

  1. 1 ['Whether court orders should be varied under r 39.05(e) of the Federal Court Rules 2011 to reflect the intention of the Court' "Proper construction of 'Shared Costs' in previous orders and the Joint Venture Agreement"]

Ratio Decidendi

Order 13 made on 9 May 2019 and Order 2(e) made on 27 November 2020 did not accurately reflect the intention of the Court as clarified in prior argument. Both orders should be amended under r 39.05(e) of the Federal Court Rules 2011 so that the referee can determine the full scope of Neptune's claims for costs to be shared under the proper construction of the JVA, consistent with reasons previously given.

Court Disposition

Orders 13 of 9 May 2019 and 2(e) of 27 November 2020 vacated and substituted with amended orders.

Orders

  • ['Order 13 made on 9 May 2019 amended to specify that Kanki pay Neptune 50% of various costs (Shared Costs as set out in Schedule 1 of the JVA, RINA Survey Fee, Generator Costs, the Awning, and costs of plant and equipment as contemplated by the JVA) with amounts to be assessed.' 'Order 2(e) made on 27 November 2020...