FEDERAL COURT OF AUSTRALIA
Rawley Pty Ltd ACN 009 027 454 v Bell [2007] FCA 521
No SAD 80 of 2002
AMIN FRANCES CHEHADE v GEOFFREY YORK BELL, ROBERT RADOVAN SLADOJEVIC & TILTFORM LICENSING PTY LTD (ACN 083 878 666)
No SAD 55 of 2002
FINN J
11 APRIL 2007
ADELAIDE
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IN THE FEDERAL COURT OF AUSTRALIA |
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SOUTH AUSTRALIA DISTRICT REGISTRY |
SAD 80 OF 2002 |
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BETWEEN: |
RAWLEY PTY LTD ACN 009 027 454 AS TRUSTEE FOR THE TILTFORM UNIT TRUST First Applicant
CONNOISSEUR HOLDINGS PTY LTD ACN 009 441 007 Second Applicant
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AND: |
GEOFFREY YORK BELL First Respondent/Cross Claimant
ROBERT RADOVAN SLADOJEVIC Second Respondent
TILTFORM LICENSING PTY LTD ACN 083 878 666 Third Respondent
CGU INSURANCE LIMITED ABN 2700 4478 374 First Cross Respondent
OAMPS INSURANCE LIMITED ABN 3400 5543 920 Second Cross Respondent
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JUDGE: |
FINN J |
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DATE OF ORDER: |
11 APRIL 2007 |
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WHERE MADE: |
ADELAIDE |
THE COURT DIRECTS THAT:
1. Order 3 of the orders made by Selway J on 23 February 2005 be corrected to:
3. The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant. Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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SOUTH AUSTRALIA DISTRICT REGISTRY |
SAD 55 OF 2002 |
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BETWEEN: |
AMIN FRANCES CHEHADE Applicant
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AND: |
GEOFFREY YORK BELL First Respondent/Cross Claimant
ROBERT RADOVAN SLADOJEVIC Second Respondent
TILTFORM LICENSING PTY LTD ACN 083 878 666 Third Respondent
CGU INSURANCE LIMITED ABN 2700 4478 374 First Cross Respondent
OAMPS INSURANCE LIMITED ABN 3400 5543 920 Second Cross Respondent
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FINN J |
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DATE OF ORDER: |
11 APRIL 2007 |
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WHERE MADE: |
ADELAIDE |
THE COURT DIRECTS THAT:
1. Order 3 of the orders made by Selway J on 23 February 2005 be corrected to:
3. The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant. Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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SOUTH AUSTRALIA DISTRICT REGISTRY |
SAD 80 OF 2002 |
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between: |
RAWLEY PTY LTD ACN 009 027 454 AS TRUSTEE FOR THE TILTFORM UNIT TRUST First Applicant
CONNOISSEUR HOLDINGS PTY LTD ACN 009 441 007 Second Applicant
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GEOFFREY YORK BELL First Respondent/Cross Claimant
ROBERT RADOVAN SLADOJEVIC Second Respondent
TILTFORM LICENSING PTY LTD ACN 083 878 666 Third Respondent
CGU INSURANCE LIMITED ABN 2700 4478 374 First Cross Respondent
OAMPS INSURANCE LIMITED
ABN 3400 5543 920 Second Cross Respondent |
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BETWEEN: |
AMIN FRANCES CHEHADE Applicant
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AND: |
GEOFFREY YORK BELL First Respondent/Cross Claimant
ROBERT RADOVAN SLADOJEVIC Second Respondent
TILTFORM LICENSING PTY LTD ACN 083 878 666 Third Respondent
CGU INSURANCE LIMITED ABN 2700 4478 374 First Cross Respondent
OAMPS INSURANCE LIMITED ABN 3400 5543 920 Second Cross Respondent |
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JUDGE: |
FINN J |
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DATE: |
11 APRIL 2007 |
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PLACE: |
ADELAIDE |
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REASONS FOR JUDGMENT
1 The first cross-respondent, CGU Insurance Limited, has notified the Court of what appears to be an obvious error in an order made by Selway J on 23 February 2005, which order has not yet been entered. A transcript of the proceedings before his Honour on that date clearly indicates that his Honour’s proposed Order 3:
“3. The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents should be made against the former legal advisers to the applicant rather than against the applicant respondents and cross-respondents. Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.”
was to be amended so as to extend in the following fashion to cross-respondents:
“3. The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant. Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.”
2 It is obvious from the transcript that the omission of this amendment from the Order of the Court was a clerical mistake or accidental omission: cf O 35 r 7(3) of the Federal Court Rules; and as such may be corrected by the Court.
3 I direct that that correction be made to Order 3 of the orders made by Selway J on 23 February 2005.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn. |
Associate:
Dated: 11 April 2007
No SAD 80 of 2002
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Counsel for the 1st and 2nd Applicant: |
Mr Heywood-Smith QC and Mr Harms |
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Solicitor for the 1st and 2nd Applicant: |
Montgomery & Co |
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Counsel for the 1st Respondent/Cross Claimant: |
The 1st Respondent/Cross Claimant appeared in person. |
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Counsel for the 2nd Respondent: |
Mr C Munt |
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Solicitor for the 2nd Respondent: |
von Doussas |
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Counsel for the 1st Cross Respondent: |
Mr Trim QC and Mr Crocker |
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Solicitor for the 1st Cross Respondent: |
Minter Ellison |
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No SAD 55 of 2002 |
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Counsel for the Applicant: |
Mr Heywood-Smith QC and Mr Harms |
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Solicitor for the Applicant: |
Montgomery & Co |
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Counsel for the 1st Respondent/Cross Claimant: |
The 1st Respondent/Cross Claimant appeared in person. |
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Counsel for the 2nd Respondent: |
Mr C Munt |
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Solicitor for the 2nd Respondent: |
von Doussas |
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Counsel for the 1st Cross Respondent: |
Mr Trim QC and Mr Crocker |
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Solicitor for the 1st Cross Respondent: |
Minter Ellison |
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Date of Judgment: |
11 April 2007 |
