Frauenstein v Farinha [2009] FCA 469

FEDERAL COURT OF AUSTRALIA

Frauenstein v Farinha [2009] FCA 469

COSTS – Calderbank offer – whether unreasonable to reject offer COSTS – conduct of proceeding – whether unnecessarily burdensome – whether distinction should be drawn between costs of pleadings and costs the hearing Corporations Act 2001 (Cth) Federal Court Rules CARL FRAUENSTEIN and ANOR v TOBIAS FARINHA and ORS

NSD2135 of 2006

EMMETT J

23 MARCH 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2135 of 2006

BETWEEN: CARL FRAUENSTEIN

First Plaintiff

CARPE DIEM INITIATIVES PTY LTD ACN 091 071 359

Second Plaintiff

AND: TOBIAS FARINHA

First Defendant

MIGUEL FARINHA

Second Defendant

MARCO AZGATO

Third Defendant

SAN MARCO BONDI JUNCTION PTY LTD

Fourth Defendant

SAN MARCO PICOLLO PTY LTD

Fifth Defendant

SAN MARCO WORLD SQUARE PTY LTD

Sixth Defendant

COCKLE BAY SAN MARCO PTY LTD

Seventh Defendant

EQUAL 54 LTD

Eighth Defendant

JAMES PANAGOPOULOS

Ninth Defendant

TOBY BONDI JUNCTION PTY LTD

Tenth Defendant

MARCO BONDI JUNCTION PTY LTD

Eleventh Defendant

MIGUEL BONDI JUNCTION PTY LTD

Twelfth Defendant

CINE SAN MARCO PTY LTD

Thirteenth Defendant

ANDREW ALAN JOHNSON

Fourteenth Defendant

CHIEF COMMISSIONER OF STATE REVENUE

DEPUTY COMMISSIONER OF TAXATION

Supporting Creditor

JUDGE: EMMETT J

DATE OF ORDER: 23 MARCH 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Defendants pay the Plaintiffs costs up to and including 10 December 2007. 2. The Plaintiffs pay any costs of the Defendants thrown away by any amendments of the originating process or statement of claim. 3. The Plaintiffs pay 50% of the Defendants' costs of the proceeding after 10 December 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA