Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nutrientwater Pty Ltd v Baco Pty Ltd (No 2) [2010] FCA 304 Citation: Nutrientwater Pty Ltd v Baco Pty Ltd (No 2) [2010] FCA 304
Parties: NUTRIENTWATER PTY LTD (ACN 009 936 574) and LMBB PTY LTD (ACN 130 333 845) v BACO PTY LTD (ACN 100 922 709)
File number(s): VID 471 of 2009
Judge: KENNY J
Date of judgment: 31 March 2010
Catchwords: COSTS – whether indemnity costs or party and party costs appropriate – where respondent made settlement proposal and achieved more favourable judgment at trial – operation of O 23 r 11(6) Federal Court Rules (Cth) – appropriateness of indemnity costs at common law – party and party costs awarded
Cases cited: Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 McDonald v Parnell Laboratories (Aust) (No 2) (2007) 164 FCR 591 Seven Network Ltd v News Ltd (2007) 244 ALR 374 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 Vawdrey Australia Pty Ltd v Krueger Transport Equipment Pty Ltd [2009] FCAFC 156 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Dresna Pty Ltd v Linknarf Management Services Pty Ltd (In liq) (No 2) [2006] FCA 755 Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618 McKerlie v State of New South Wales (No 2) [2000] NSWSC 1159 Vasram v AMP Life Limited [2002] FCA 1286 Fyna Foods Australia Pty Ltd v Cobannah Holdings Pty Ltd (No 2) [2004] FCA 1212
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