Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dais Studio Pty Ltd v Bullet Creative Pty Ltd [2008] FCA 42
COSTS – Offer by respondent to settle proceedings before trial – Offer rejected by applicants – Respondent wholly successful at trial – Whether applicants' rejection unreasonable – Whether respondent entitled to his costs incurred after rejection of offer on indemnity basis – Whether offer conformed to Calderbank principle. Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (2002) 190 ALR 121 Black v Lipovac (1998) 217 ALR 386 Calderbank v Calderbank [1976] Fam 93 Colgate-Palmolive Company v Cussons Pty Ltd (1992) 46 FCR 225 Crisp v Keng(Supreme Court of New South Wales, Court of Appeal, 27 September 1993, unreported) Cutts v Head [1984] 1 Ch 290 Dais Studio Pty Ltd v Bullet Creative Pty Ltd [2007] FCA 2054 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Hamod v New South Wales (2002) 188 ALR 659 John S Hayes & Associates Pty Ltd v Kimberly-Clark Australia Pty Ltd (1994) 52 FCR 201 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Messiter v Hutchinson (1987) 10 NSWLR 525 Sanko Steamship Limited v Sumitomo Australia Limited (No 2) (1995) 63 FCR 227 DAIS STUDIO PTY LTD AND JACEK PERLINSKI AS TRUSTEE OF THE PERLINKSI FAMILY TRUST v BULLET CREATIVE PTY LTD AND BENJAMIN PETRO QUD121 OF 2007
JESSUP J
31 JANUARY 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY QUD121 OF 2007
BETWEEN: DAIS STUDIO PTY LTD
First Applicant
JACEK PERLINSKI AS TRUSTEE OF THE PERLINKSI FAMILY TRUST
Second Applicant
AND: BULLET CREATIVE PTY LTD
First Respondent
BENJAMIN PETRO
Second Respondent
JUDGE: JESSUP J
DATE OF ORDER: 31 JANUARY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
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