Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sundararajah v Teachers Federation Health Limited (No 2) [2011] FCA 1409 Citation: Sundararajah v Teachers Federation Health Limited (No 2) [2011] FCA 1409
Parties: DR RAAHULAN SUNDARARAJAH v TEACHERS FEDERATION HEALTH LIMITED (ABN 86 097 030 414)
File number: NSD 1314 of 2010
Judge: FOSTER J
Date of judgment: 9 December 2011
Catchwords: COSTS – indemnity costs – whether the applicant's failure to accept Calderbank offers was unreasonable – whether the introduction of a hopeless or very weak case based on s 46 of the Trade Practices Act 1974 (Cth) led to delay and expense which should result in an award of indemnity costs
Legislation: Trade Practices Act 1974 (Cth), s 46 Federal Court Rules, O 23 r 3, O 23 r 11
Cases cited: Sundararajah v Teachers Federation Health Limited [2011] FCA 1031 related
Date of hearing: Determined on the papers
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Solicitor for the Applicant: The applicant in person
Counsel for the Respondent: Mr S Philips
Solicitor for the Respondent: Henry Davis York
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1314 of 2010
BETWEEN: DR RAAHULAN SUNDARARAJAH
Applicant
AND: TEACHERS FEDERATION HEALTH LIMITED (ABN 86 097 030 414)
Respondent
JUDGE: FOSTER J DATE OF ORDER: 9 DECEMBER 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Order 3 made by Foster J on 2 September 2011 be set aside. 2. In lieu of the said Order 3 made on 2 September 2011, the applicant pay the respondent's costs of and incidental to the proceeding: (a) Incurred in the period up to and including 14 October 2010, on the party/party basis; and (b) Incurred in the period from 15 October 2010: (i) As to one-third of those costs, on an indemnity basis; (ii) As to two-thirds of those costs, on the party/party basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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