Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224
COSTS – Indemnity costs – Calderbank offer by respondents rejected – Applicants subsequently failed entirely at trial – Whether respondents' offer reasonable – Whether applicants acted unreasonably or imprudently in rejecting offer – Onus upon respondents to show applicants' conduct unreasonable – Applicants' conduct must be viewed in light of circumstances as they existed at time offer rejected Federal Court of Australia Act 1976 (Cth) ss 43 and 53A Federal Court Rules O 23, O 41, O 62 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 at 232-4 referred to Messiter v Hutchinson (1987) 10 NSWLR 525 referred to Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 at 724 referred to Smith v 600 Machinery Australia Ltd [1996] FCA 1029 referred to Coshott v Learoyd [1999] FCA 276 at [37] and [47]-[49] followed Calderbank v Calderbank [1975] 3 All ER 333 referred to Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 referred to Mowie Fisheries Pty Ltd v Switzerland Insurance Australia Ltd [1996] FCA 931 referred to Henderson v Amadio Pty Ltd [1996] FCA 184 referred to Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1998] FCA 53 referred to Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163 referred to Black v Tomislav Lipovac BHNF Maria Lipovac [1998] FCA 699 at [217] and [218] applied Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 referred to
ALPINE HARDWOODS (AUST) PTY LTD (ACN 004 495 761) and THOMAS JOSEPH COURTNEY v HARDYS PTY LTD (ACN 000 071 705) and MICHAEL JAMES EWING
VG722 of 1998
WEINBERG J
8 MARCH 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG722 OF 1998
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