Acohs Pty Ltd v Ucorp Pty Ltd (No 4) [2010] FCA 956

FEDERAL COURT OF AUSTRALIA

Acohs Pty Ltd v Ucorp Pty Ltd (No 4) [2010] FCA 956 Citation: Acohs Pty Ltd v Ucorp Pty Ltd (No 4) [2010] FCA 956

Parties: ACOHS PTY LTD (ACN 009 572 187) v UCORP PTY LTD (ACN 062 768 094) and BERNARD BIALKOWER

File number: VID 873 of 2004

Judge: JESSUP J

Date of judgment: 2 September 2010

Catchwords: PRACTICE AND PROCEDURE – Costs – Indemnity costs – Offer of compromise – Whether rejection of offer of compromise by applicant entitled respondents to award of indemnity costs – Whether applicant acted unreasonably PRACTICE AND PROCEDURE – Costs – Indemnity costs – Whether applicant advanced case in wilful disregard of known facts and established law – Whether applicant prosecuted case for ulterior motive PRACTICE AND PROCEDURE – Costs – Indemnity costs – Whether applicant made or persisted with hopelessly weak claims – Whether the fact applicant persisted with claims to trial, but did not prosecute them, entitled respondent to indemnity costs PRACTICE AND PROCEDURE – Undertakings as to damages – Whether respondents entitled to compensation for damage suffered as a result of complying with undertakings and order – Whether compensation claimed by respondents was attributable to work required to be done in compliance with the undertakings and order

Legislation: Federal Court Rules O 11, 23

Cases cited: Acohs Pty Ltd v RA Bashford Consulting Pty Ltd (1997) 144 ALR 528 Acohs Pty Ltd v Ucorp Pty Ltd (No 2) (2009) 82 IPR 493 Peet Ltd v Richmond [2009] VSC 585 CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (2002) 190 ALR 121 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Ragata Developments Pty Ltd v Westpac Banking Corporation (1993) 217 ALR 175 Seven Network Ltd v News Limited (2009) 262 ALR 160 Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685