Astram Financial Services Pty Ltd v Bank of Queensland Ltd (No 2) [2010] FCA 1166

FEDERAL COURT OF AUSTRALIA

Astram Financial Services Pty Ltd v Bank of Queensland Ltd (No 2) [2010] FCA 1166 Citation: Astram Financial Services Pty Ltd v Bank of Queensland Ltd (No 2) [2010] FCA 1166

Parties: ASTRAM FINANCIAL SERVICES PTY LTD, LEICESTER DENIS RAMSEY, KIM SUE-ELLEN RAMSEY and LEICESTER DENIS RAMSEY AS TRUSTEE FOR THE LD RAMSEY FAMILY TRUST v BANK OF QUEENSLAND LTD

File number: NSD 2479 of 2006

Judge: BUCHANAN J

Date of judgment: 28 October 2010

Catchwords: COSTS – application for costs normally to be made or reserved at trial – application for indemnity costs – rolled up offer not distinguishing between individual liability of unsuccessful parties – offer open only for a short time and expired before scheduled mediation

Legislation: Federal Court Rules O 62 r 3(1)

Cases cited: ACCC v Daniels Corporation Pty Ltd [2001] FCA 936 Astram Financial Services Pty Ltd v Bank of Queensland Ltd [2010] FCA 1010 Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618 Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 Grygiel v Baine (No 2) [2005] NSWCA 434 Harding v Deputy Commissioner of Taxation (2008) 172 FCR 469 Hewlett Packard Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 278 Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98 Siminton v Australian Prudential Regulation Authority (No 2) [2008] FCAFC 113 Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2) (2007) 159 FCR 274