Hardingham v RP Data Pty Limited (No 2) [2021] FCAFC 175

Federal Court of Australia

Hardingham v RP Data Pty Limited (No 2) [2021] FCAFC 175 File number(s): NSD 114 of 2020

Judgment of: GREENWOOD, RARES AND JACKSON JJ

Date of judgment: 1 October 2021

Catchwords: PRACTICE AND PROCEDURE – costs – whether costs should be paid on an indemnity basis following rejection of offer of settlement – where offer of settlement made on without prejudice except as to costs basis – where offer not mention seeking indemnity costs if rejected – whether offer in accordance with Calderbank v Calderbank [1976] Fam 93 – whether rejection of offer was imprudent or unreasonable

Legislation: Evidence Act 1995 (Cth) s 131 Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 43 Federal Court Rules 2011 rr 25.01, 36.73(4), 39.05

Cases cited: Calderbank v Calderbank [1976] Fam 93 CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Ltd (2008) 15 ANZ Insurance Cases 61–785; [2008] FCAFC 173 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Hardingham v RP Data Pty Limited [2021] FCAFC 148 Hardingham v RP Data Pty Ltd (No 2) [2019] FCA 2138 Hardingham v RP Data Pty Ltd [2020] FCA 1062 Insight SRC IP Holdings Pty Ltd v Australian Council for Educational Resources Ltd (No 2) [2013] FCAFC 73 Keays v J P Morgan Administrative Services Australia Ltd (No 2) [2011] FCA 547 Mount Isa Mines Ltd v The Ship "Thor Commander" (No 2) [2018] FCA 1702 Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) (2004) 212 ALR 281 Uniline Australia Ltd v S Briggs Pty Ltd (No 2) (2009) 82 IPR 56