Federal Court of Australia
Federal Court of Australia
Insurance Australia Ltd trading as CGU Insurance v MOS Beverages Pty Ltd (No 2) [2021] FCAFC 192 Appeal from: MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU Insurance [2020] FCA 1716 and MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU Insurance (No 2) [2020] FCA 1820
File number: NSD 1375 of 2020
Judgment of: BESANKO, MCKERRACHER AND DERRINGTON JJ
Date of judgment: 5 November 2021
Catchwords: COSTS — application for order for costs on indemnity basis — where appellant appealed from declaration made by Federal Court of Australia in answer to separate question stated in proceeding brought by respondent — where respondent made two offers of settlement to appellant following institution of appeal — where first offer for dismissal of appeal with each party to bear own costs — where second offer for question of liability of appellant — where issue of liability extended beyond matters in issue in appeal and encompassed matters in issue in proceedings in Supreme Court of New South Wales — where appellant did not accept either offer — where appeal dismissed — whether failure by appellant to accept offers unreasonable — application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 25.14(2)
Cases cited: Calderbank v Calderbank [1976] Fam 93; [1975] 3 WLR 586 Hadgelias Holdings Pty Ltd v Seirlis [2014] QCA 325 Hazeldene's Chicken Farm Pty Ltd v WorkCover Authority (Vic) (No 2) [2005] VSCA 298; (2005) 13 VR 435 Insurance Australia Ltd trading as CGU Insurance v MOS Beverages Pty Ltd [2021] FCAFC 165 J & D Rigging Pty Ltd v Agripower Australia Ltd [2014] QCA 23
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