Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd (No 2) [2021] FCAFC 38

Federal Court of Australia

Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd (No 2) [2021] FCAFC 38 Appeal from: Jones v Treasury Wine Estates Limited; In the matter of Treasury Wine Estates Limited (No 4) [2020] FCA 1131

File number: NSD 921 of 2020

Judgment of: JAGOT, MARKOVIC AND THAWLEY JJ

Date of judgment: 19 March 2021

Catchwords: COSTS – application to vary costs order such that appellant only pays one set of costs – whether applicant should have to pay multiple sets of costs – where respondents had separate legal representation – where there was a possibility of conflict between the respondents – application dismissed COSTS – application by first and second respondents for indemnity costs – where offer of compromise under r 25.01 of the Federal Court Rules 2011 (Cth) and Calderbank offer made by first and second respondents – where both offers rejected by appellant – whether rejection of offers was unreasonable – where resolution of appeal required consideration of conflicting authority – application dismissed COSTS – application by appellant to limit costs recoverable by first and second respondents to counsels' costs – where first respondent acted for second respondent on appeal – whether second respondent entitled to recover their solicitor costs – where first respondent not permitted to recover costs of acting for themselves – where identical submissions made on behalf of first and second respondents on appeal – application granted

Legislation: Federal Court Rules 2011 (Cth) rr 25.01, 25.14