Diakyne Pty Limited v Ralph (No 2) [2009] FCA 780

FEDERAL COURT OF AUSTRALIA

Diakyne Pty Limited v Ralph (No 2) [2009] FCA 780

COSTS – whether indemnity costs order warranted – whether respondents' conduct in rejecting offers of settlement by the applicant amounted to conduct unreasonable or imprudent COSTS – whether proceeding should have been more suitably brought in another court – whether Order 62 rule 36A(2) of the Federal Court Rules operates to reduce costs payable Held: ordinary order as to costs made Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules

DIAKYNE PTY LIMITED (ACN 099 168 402) v PAUL RONALD RALPH and COLORADO INVESTMENTS PTY LIMITED (ACN 063 688 611)

NSD 465 of 2008

JAGOT J

21 JULY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 465 of 2008

BETWEEN: DIAKYNE PTY LIMITED

(ACN 099 168 402)

Applicant

AND: PAUL RONALD RALPH

First Respondent

COLORADO INVESTMENTS PTY LIMITED

(ACN 063 688 611)

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 21 JULY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. There be judgment for the Applicant as against the First and Second Respondents in the amount of $110,000.00 plus interest as from 30 November 2007 until the date of Judgment (an amount of $17,211.50) being a total of $127,211.50. 2. The Cross-Claim be dismissed. 3. The Respondents/Cross-Claimants pay the Applicant/Cross-Respondent's costs of the proceedings as agreed or taxed. 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 Federal Law Search on the Court's website.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 465 of 2008