Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v University of South Australia (2) [2007] FCA 941 RANJIT RANA v UNIVERSITY OF SOUTH AUSTRALIA SAD 52 OF 2006
BESANKO J
19 JUNE 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 52 OF 2006
BETWEEN: RANJIT RANA
Applicant
AND: UNIVERSITY OF SOUTH AUSTRALIA
Respondent
JUDGE: BESANKO J DATE OF ORDER: 19 JUNE 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The applicant pay the respondent's costs of the proceedings on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 52 OF 2006
BETWEEN: RANJIT RANA
Applicant
AND: UNIVERSITY OF SOUTH AUSTRALIA
Respondent
JUDGE: BESANKO J
DATE: 19 JUNE 2007
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 On 31 May 2007 I made an order dismissing the proceedings brought by Mr Ranjit Rana against the University of South Australia. I delivered reasons for making that order: Rana v University of South Australia [2007] FCA 816. 2 The University applies for its costs of the proceedings to be paid on an indemnity basis. The University tendered evidence on its application. The evidence establishes that about two months before the trial, the University made an offer to Mr Rana whereby it would pay him, with no admission of liability, the amount of $400. The letter from the solicitors for the University to Mr Rana which contains this offer states that it is an open letter and, "our client reserves the right to submit it to the court on issue of costs at a later time, should the offer be rejected". A letter from the solicitors for the University to Mr Rana dated 4 October 2006 was also put before me. The letter points out that Mr Rana had not filed any medical evidence in relation to his claim and it asserted that he had put forward no evidence in support of his allegation that his losses could be quantified at $1 million. The letter points out that the only evidence Mr Rana had put forward related to his alleged payment of $350 for the tickets.
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