Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (No 2) [2011] FCA 283 Citation: Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (No 2) [2011] FCA 283
Parties: THE YARRA VALLEY DAIRY PTY LTD (ACN 067 021 863) v LEMNOS FOODS PTY LTD (ACN 078 380 855) and TERRY PAULE
File number: VID 400 of 2009
Judge: MIDDLETON J
Date of judgment: 25 March 2011
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) of Federal Court Rules (Cth) – appropriateness of indemnity costs at common law – indemnity costs awarded.
Legislation: Federal Court Rules
Cases cited: Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 Granitgard Pty Ltd v Termicide Pest Control Pty Ltd (No 6) [2010] FCA 381 IFTC Broking Services Ltd v Commissioner of Taxation (2010) 268 ALR 1 Nutrientwater Pty Ltd v Baco Pty Ltd (No 2) [2010] FCA 304 Seven Network Ltd v News Ltd (2007) 244 ALR 374 Uniline Australia Ltd v SBriggs Pty Ltd (No 2) (2009) 82 IPR 56 Vawdrey Australia Pty Ltd v Krueger Transport Equipment Pty Ltd (2009) 261 ALR 269 Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate