Federal Court of Australia
Federal Court of Australia
Good Living Company Pty Ltd as trustee for the Warren Duncan Trust No 3 v Kingsmede Pty Ltd (No 2) [2021] FCAFC 105 File number: NSD 120 of 2020
Judgment of: ALLSOP CJ, BESANKO AND JAGOT JJ
Date of judgment: 17 June 2021
Catchwords: COSTS – indemnity costs – claim for indemnity costs based on offers to compromise made under rule 25.01 of the Federal Court Rules 2011 (Cth) – whether costs should be awarded on an indemnity basis – where offerees made application a month after judgment – where rejections of offers were not unreasonable – indemnity costs not awarded
Legislation: Federal Court Rules 2011 (Cth) r 25.01
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 11
Date of last submissions: 19 May 2021
Date of hearing: Determined on the papers
Counsel for the Appellants: Mr V Bedrossian SC
Solicitor for the Appellants: Keypoint Law
Counsel for the Respondents: Mr T Maltz
Solicitor for the Respondents: Herman Legal
ORDERS NSD 120 of 2020
BETWEEN: THE GOOD LIVING COMPANY PTY LTD ACN 001 974 705 ATF THE WARREN DUNCAN TRUST NO 3 First Appellant
KIMANA PTY LTD ACN 002 731 599 Second Appellant
AND: KINGSMEDE PTY LTD ACN 054 526 635 First Respondent
PAMIERS PTY LTD ACN 010 650 236 Second Respondent
order made by: ALLSOP CJ, BESANKO AND JAGOT JJ DATE OF ORDER: 17 June 2021
THE COURT ORDERS THAT:
1. On the undertaking of the respondents to repay amounts (if any) that are ultimately shown to have been overpaid, the appellants direct their solicitor, Keypoint Law, to pay the respondents the amount currently held as security for costs (namely, $177,500 plus any interest earned) in Keypoint Law's controlled moneys account, in partial discharge of costs payable in these and the related trial proceedings. 2. The interlocutory application filed on 19 April 2021 be otherwise dismissed with costs, as agreed or assessed, such costs to be set off against the costs the subject of Order 2 made by the Court on 16 March 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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