Aristotite, Rosetta v Gladstone Park Shopping Centre Pty Ltd & Ors [1984] FCA 175

Aristotite, Rosetta v Gladstone Park Shopping Centre Pty Ltd & Ors [1984] FCA 175

The cross-claims for indemnity by the respondents (as principals) against their agents (cross-respondents) fell within the jurisdiction of the Federal Court as part of a single justiciable controversy linked to the statutory claims. Given that the applicant's claims of misleading conduct were found unproven, costs should follow the event. Therefore, the applicant shall bear the respondents' costs arising from both the original claim and the related cross-claims, including costs payable to the agents that were provoked by the applicant's allegations. The cross-claimants must pay the cross-respondents' costs of the cross-claim, with the applicant to reimburse the cross-claimants for those...

Parties
Applicant: Rosetta Aristotile; Respondent / Cross Claimant / Cross Third Party Claimant: Gladstone Park Shopping Centre Pty. Ltd.; Respondent / Cross Third Party Claimant: Hersfield Developments Corporation Pty. Ltd.; Respondent: George Herscu; Cross Third Party Respondent / Cross Respondent: Ross Wills; Cross Third Party Respondent / Cross Respondent: Ross Wills & Associates Pty. Ltd.
Jurisdiction
Australia
Judgment Date
29 June 1984
Procedural Posture
Judgment Following Trial With Cross Claims / Post Trial: Judgment and Determination of Costs
Outcome
Judgment for respondents on applicant's claim; cross-claims dismissed; multiple cost orders as detailed.
Legal Topics
Costs, Cross Claims, Agency Liability, Jurisdiction, Trade Practices Act 1974
Civil Procedure Commercial Law Costs Cross Claims Agency Liability Jurisdiction Trade Practices Act 1974

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rosetta Aristotile

Applicant

Gladstone Park Shopping Centre Pty. Ltd.

Respondent / Cross Claimant / Cross Third Party Claimant

Hersfield Developments Corporation Pty. Ltd.

Respondent / Cross Third Party Claimant

George Herscu

Respondent

Ross Wills

Cross Third Party Respondent / Cross Respondent

Ross Wills & Associates Pty. Ltd.

Cross Third Party Respondent / Cross Respondent

Procedural Posture

Judgment Following Trial With Cross Claims / Post Trial: Judgment and Determination of Costs

Legal Issues

  1. 1 Whether the applicant or cross-claimants should pay the agents' (cross-respondents') costs of the cross-claim.
  2. 2 Whether the Federal Court had jurisdiction over the cross-claim for indemnity by principal against agent related to statutory misleading conduct claim.
  3. 3 Principles applicable to awarding costs in cross-claims and third party proceedings.

Ratio Decidendi

The cross-claims for indemnity by the respondents (as principals) against their agents (cross-respondents) fell within the jurisdiction of the Federal Court as part of a single justiciable controversy linked to the statutory claims. Given that the applicant's claims of misleading conduct were found unproven, costs should follow the event. Therefore, the applicant shall bear the respondents' costs arising from both the original claim and the related cross-claims, including costs payable to the agents that were provoked by the applicant's allegations. The cross-claimants must pay the cross-respondents' costs of the cross-claim, with the applicant to reimburse the cross-claimants for those...

Court Disposition

Judgment for respondents on applicant's claim; cross-claims dismissed; multiple cost orders as detailed.

Orders

  • Judgment for the respondents on the applicant's claims.
  • The cross-claim by Gladstone Park Shopping Centre Pty. Ltd. and Hersfield Developments Corporation Pty. Ltd. is dismissed.