Rodgers v Schmierer [2003] FCA 606

FEDERAL COURT OF AUSTRALIA

Rodgers v Schmierer [2003] FCA 606

PRACTICE & PROCEDURE - costs – two Calderbank offers made at early stage of proceedings rejected by unsuccessful litigant – rejection of offers not unreasonable as at the stage of the proceedings when offers made – order for costs of proceedings made on party and party basis – no order as to costs of discrete proceedings involving lengthy submissions on costs made after the conclusion of the principal proceedings.

Alpine Hardwood (Australia) Pty Ltd v Hardy's Pty Ltd (No 2) (2002) 190 ALR 121 applied Black v Tomislav Lipovac BHNR Lipovac [1998] FCA 699 applied PETER DAVID RODGERS as Trustee of the Bankrupt Estate of Frederick Cecil Reader and Dianne Jean Reader v TREVOR JOHN SCHMIERER and ADRIAN STEWART DUNCAN N 7312 OF 2001 CONTI J 18 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7312 OF 2001

BETWEEN: PETER DAVID RODGERS as Trustee of the Bankrupt Estate of Frederick Cecil Reader and Dianne Jean Reader

APPLICANT

AND: TREVOR JOHN SCHMIERER and ADRIAN STEWART DUNCAN

RESPONDENTS

JUDGE: CONTI J

DATE OF ORDER: 18 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant pay the respondents' costs of the proceedings on a party and party basis. 2. There be excluded from the scope of the above costs order all professional work and expenses in relation to the respondents' application for costs orders undertaken after the delivery of reasons for judgment on 30 April 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7312 OF 2001

BETWEEN: PETER DAVID RODGERS as Trustee of the Bankrupt Estate of Frederick Cecil Reader and Dianne Jean Reader