Rooney v ABB Grain Ltd (No 2) [2011] FCA 231

FEDERAL COURT OF AUSTRALIA

Rooney v ABB Grain Ltd (No 2) [2011] FCA 231 Citation: Rooney v ABB Grain Ltd (No 2) [2011] FCA 231

Parties: B D & M E ROONEY v ABB GRAIN LTD ACN 084 962 130

File number: SAD 1 of 2009

Judge: BESANKO J

Date of judgment: 18 March 2011

Catchwords: COSTS — where applicant successful in obtaining declaration that it had validly terminated eight of nine contracts between it and the respondent — where respondent awarded damages for applicant's breach of the ninth contract — where applicant's claim for declarations that respondent had contravened the Corporations Act 2001 (Cth) dismissed — where respondent made offer to settle proceedings which was refused by applicant and respondent exceeded offer at trial — how order as to costs prior to date of offer should reflect parties' success on various issues — whether respondent entitled to indemnity costs from date of offer HELD: Prior to the date of offer the applicant was ordered to pay 40 per cent of the respondent's costs to be taxed and the respondent was ordered to pay 60 per cent of the applicant's costs to be taxed. From the date of the offer the respondent was entitled to indemnity costs.

Legislation: Federal Court Rules O 23

Cases cited: APF Properties Pty Ltd v Kestrel Holdings Pty Ltd (No 3) [2007] FCA 2016, cited Black v Lipovac (1998) 217 ALR 386, cited Blackmagic Design Pty Ltd v Overliese [2011] FCAFC 24, cited Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1, cited JMVB Enterprises Pty Ltd (Formerly A'Van Campers Pty Ltd) v Camoflag Pty Ltd (No 2) [2007] FCAFC 6, cited McDonald v Parnell Laboratories (Aust) (No 2) (2007) 164 FCR 591, cited Rooney v ABB Grain Ltd [2010] FCA 1392, cited Sunlec International Ltd v Carroll Australasia Pty Ltd [2001] WASC 354, cited The Sanko Steamship Co Ltd v Sumitomo Australia Ltd [1996] FCA 22, cited