Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martech International Pty Ltd v Energy World Corporation Limited [2007] FCAFC 127
COSTS – indemnity costs – offer of compromise not accepted – result obtained exceeded offer – appellant entitled to costs where principal claim succeeds on appeal – respondent entitled to some discount where appellant failed in relation to other grounds which occupied much of the proceeding below INTEREST – prejudgment interest should be calculated from date of demand Federal Court of Australia Act 1976 (Cth), s 51A(1)(a) Federal Court Rules, O 23
Martech International Pty Ltd v Energy World Corporation Limited [2007] FCAFC 35 related Martech International Pty Ltd v Energy World Corporation Limited (No 4) [2006] FCA 1779 related Martech International Pty Ltd v Energy World Corporation Limited [2006] FCA 1004 related Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 distinguished Golden West Refining Corp Ltd v Daly Laboratories Pty Ltd, unreported, Carr J, 16 February 1995 cited Hanave Pty Ltd v LFOT Pty Ltd (2004)] 136 FCR 566 cited HK Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795 cited Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) (2004) 212 ALR 281 referred to MARTECH INTERNATIONAL PTY LTD (ACN 009 022 799) v ENERGY WORLD CORPORATION LIMITED (ACN 009 124 994) WAD 239 OF 2006
MOORE, TAMBERLIN AND GYLES JJ
14 AUGUST 2007
SYDNEY (VIA VIDEO LINK TO PERTH) (HEARD IN PERTH) IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 239 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARTECH INTERNATIONAL PTY LTD (ACN 009 022 799)
Appellant
AND: ENERGY WORLD CORPORATION LIMITED (ACN 009 124 994)
Respondent
JUDGES: MOORE, TAMBERLIN AND GYLES JJ
DATE OF ORDER: 14 AUGUST 2007
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