Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cutler v Derwent Howard Media Pty Ltd, in the matter of Derwent Howard Media Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2011] FCA 1127 Citation: Cutler v Derwent Howard Media Pty Ltd, in the matter of Derwent Howard Media Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2011] FCA 1127
Parties: NICHOLAS CUTLER v DERWENT HOWARD MEDIA PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 129 920 458, NICHOLAS CRAIG MALANOS and CHRISTOPHER DAMIEN DARIN
File number(s): NSD 830 of 2010
Judge: JAGOT J
Date of judgment: 1 September 2011
Catchwords: COSTS – appropriate order as to costs – where Calderbank offer made but open only for a short period and conditional on capped figure as to costs – whether indemnity costs order appropriate – whether each party should pay own costs of proceeding
Cases cited: Australian Executor Trustee Limited v Propell National Valuers (WA) Pty Ltd (No 2) [2011] FCA 966 Calderbank v Calderbank [1975] 3 All ER 333 GM Holden Ltd v Paine (No 3) [2011] FCA 693 Keays v J P Morgan Administrative Services Australia Limited (No 2) [2011] FCA 547
Date of hearing: 1 September 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Plaintiff: Mr R J Carruthers
Solicitor for the Plaintiff: Dibbs Barker
Counsel for the Defendants: Mr J Darams
Solicitor for the Defendants: Eakin McCaffery Cox
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 830 of 2010
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