CCL Secure Pty Ltd v Berry (No 2) [2019] FCAFC 92

FEDERAL COURT OF AUSTRALIA

CCL Secure Pty Ltd v Berry (No 2) [2019] FCAFC 92 File number: NSD 1622 of 2018

Judges: MCKERRACHER, ROBERTSON AND LEE JJ

Date of judgment: 4 June 2019

Catchwords: COSTS – whether costs order made below should be disturbed – settlement letter not orthodox Calderbank offer – primary judge's costs order to remain – form of order to be made in lieu of order made by primary judge as to damages

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43, 53 Federal Court Rules 2011 (Cth) rr 36.01, 41.04, 41.10

Cases cited: Calderbank v Calderbank [1976] Fam 93 CCL Secure Pty Ltd v Berry [2019] FCAFC 81

Date of hearing: Determined on the papers

Date of last submissions: 3 June 2019

Registry: New South Wales

Division: General Division

National practice area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking Finance and Insurance

Category: Catchwords

Number of paragraphs: 11

Counsel for the Appellant: Mr G Rich SC with Ms J Roy

Solicitor for the Appellant: Arnold Bloch Leibler

Counsel for the Respondents: Dr C S Ward SC with Mr P F Santucci

Solicitor for the Respondents: Marque Lawyers

ORDERS NSD 1622 of 2018

BETWEEN: CCL SECURE PTY LTD ACN 072 353 452 Appellant

AND: BENOY BERRY First Respondent

GLOBAL SECURE CURRENCY LIMITED (COMPANY NUMBER 05127761) Second Respondent

JUDGES: MCKERRACHER, ROBERTSON AND LEE JJ DATE OF ORDER: 4 June 2019

THE COURT ORDERS THAT:

1. In place of Order 2 made by the primary judge on 17 August 2018, an order that there be judgment for the applicants below against the respondent below in the sum of $1,780,858 (with such judgment to take effect from 17 August 2018). 2. The respondents pay 25% of the appellant's costs of the appeal as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.