Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 6) [2010] FCA 381 Citation: Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 6) [2010] FCA 381
Parties: GRANITGARD PTY LTD ACN 007 427 590 v TERMICIDE PEST CONTROL PTY LTD ACN 093 837 337
File number: QUD 312 of 2007
Judge: LOGAN J
Date of judgment: 21 April 2010
Catchwords: PRACTICE AND PROCEDURE – Costs – offers to compromise made by respondent before and after the operation of Federal Court Rules O 23 r 11(6) – where respondent obtained more favourable judgment at trial than either offer – where benefit of each offer sounds only in costs – whether "genuine" offers to compromise – whether costs should be ordered to be taxed on an indemnity basis – Held, each offer "genuine" – Held respondent had failed to demonstrate that rejection of first offer imprudent – Held applicant had failed to demonstrate in respect of second offer that costs after that offer should be ordered to be taxed otherwise than on an indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 23 r 11(5), O 23 r 11(6)
Cases cited: Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 (No 5) [2010] FCA 313 cited Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited Olivaylle Pty Ltd v Flottweg GMBH and Co KGAA (No 5) [2009] FCA 571 considered CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 considered Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 considered Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 considered Uniline Australia Ltd v SBriggs Pty Ltd (No 2) (2009) 82 IPR 56 considered The Uniting Church in Australia Property Trust (NSW) v Takacs (No 2) [2008] NSWCA 172 considered Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358 cited Granitgard Pty Ltd ACN 007 427 590 v Termicide Pest Control Pty Ltd ACN 093 837 337 [2008] FCA 55 cited Seven Network Ltd v News Ltd (2007) 244 ALR 374 cited Coshott v Learoyd [1999] FCA 276 cited
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