Independent Portable Buildings Pty Limited v Modular Building Systems Pty Limited (No 2) [2011] FCA 643

FEDERAL COURT OF AUSTRALIA

Independent Portable Buildings Pty Limited v Modular Building Systems Pty Limited (No 2) [2011] FCA 643 Citation: Independent Portable Buildings Pty Limited v Modular Building Systems Pty Limited (No 2) [2011] FCA 643

Parties: INDEPENDENT PORTABLE BUILDINGS PTY LIMITED v MODULAR BUILDING SYSTEMS PTY LIMITED

File number: NSD 70 of 2011

Judge: ROBERTSON J

Date of judgment: 8 June 2011

Catchwords: COSTS – Claim for indemnity costs – Calderbank letter sent by plaintiff – Defendant's refusal of proposal not unreasonable – Order for party and party costs

Cases cited: CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Fund Pty Ltd [2008] FCAFC 173 Clark v Commissioner of Taxation [2010] FCA 415Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435

Date of hearing: Determined on the papers

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 24

Counsel for the Plaintiff: Mr A Harding

Solicitor for the Plaintiff: Priority Business Lawyers

Counsel for the Defendant: Mr A Spencer

Solicitor for the Defendant: Gillis Delaney Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 70 of 2011

BETWEEN: INDEPENDENT PORTABLE BUILDINGS PTY LIMITED

Plaintiff

AND: MODULAR BUILDING SYSTEMS PTY LIMITED

Defendant

JUDGE: ROBERTSON J DATE OF ORDER: 8 JUNE 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The defendant pay the plaintiff's costs of the proceedings on a party/party basis, as agreed or assessed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.