Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Inform Design and Construction Pty Ltd v Boutique Homes Melbourne Pty Ltd (No 2) [2008] FCA 965
PRACTICE AND PROCEDURE – costs – circumstances in which indemnity costs will be ordered – Calderbank letter – whether indemnity costs should be ordered when respondent makes offer to settle if paid proportion of costs incurred
Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 1979 (Cth), O 62 Copyright Act 1968 (Cth) Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 cited Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 considered Davids Holdings Pty Ltd v Coles Myer Ltd (1995) ATPR 41-383 cited Ogawa v Spender (2006) 151 FCR 228 cited Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd (2007) 74 IPR 52 referred to Dresna Pty Ltd v Linknarf Management Services Pty Ltd (in liq) (No 2) [2006] FCA 755 cited Black v Lipovac (by his next friend Lipovac) (1998) 217 ALR 386 cited Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 cited INFORM DESIGN AND CONSTRUCTION PTY LTD (ACN 058 414 592) v BOUTIQUE HOMES MELBOURNE PTY LTD (ACN 081 136 281)
VID 681 OF 2006
WEINBERG J
25 JUNE 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 681 OF 2006
BETWEEN: INFORM DESIGN AND CONSTRUCTION PTY LTD
(ACN 058 414 592)
Applicant
AND: BOUTIQUE HOMES MELBOURNE PTY LTD
(ACN 081 136 281)
Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 25 JUNE 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondent's application for indemnity costs be dismissed. 2. The respondent pay the costs of and incidental to that application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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