Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2007] FCA 878
COSTS – Indemnity costs – Where applicant rejected offer of compromise – Where damages awarded to applicant amounted to less than $100,000 – Whether costs order reducible –General rule stipulated in O 23 r 11(5) of Federal Court Rules applied – Departure from general rule proscribed by O 62 r 36(1) Federal Court Rules O 23 r 11(5), O 62 r 36A(1) Collier Constructions Pty Ltd v Foskett Pty Ltd (1992) 33 FCR 591 referred to Tu v Pakway Australia Pty Ltd (2006) 227 ALR 287 referred to BOWEN INVESTMENTS PTY LTD v TABCORP HOLDINGS LTD (NO 2) 1211 OF 2005
TRACEY J
12 JUNE 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY 1211 OF 2005
BETWEEN: BOWEN INVESTMENTS PTY LTD
Applicant
AND: TABCORP HOLDINGS LTD
Respondent
JUDGE: TRACEY J DATE OF ORDER: 12 JUNE 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The Respondent pay the Applicant's costs of the proceeding to 11:00 am on 26 November 2005, including any reserved costs to that time, taxed on a party-party basis. 2. The Applicant pay the Respondent's costs of the proceeding from 11:00 am on 26 November 2005, including any reserved costs after that time and including the Respondent's costs ordered to be paid by the Applicant pursuant to the order of the Court made on 19 November 2006, taxed on an indemnity basis. 3. Costs not be reduced pursuant to O 62 r 36A(1) of the Federal Court Rules 1979 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY 1211 OF 2005
BETWEEN: BOWEN INVESTMENTS PTY LTD
Applicant
AND: TABCORP HOLDINGS LTD
Respondent
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