Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey v Freehills [2013] FCA 1258 Citation: Carey v Freehills [2013] FCA 1258
Parties: NORMAN PHILLIP CAREY & ORS (ACCORDING TO THE ATTACHED SCHEDULE) v FREEHILLS and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: VID 485 of 2008
Judge: KENNY J
Date of judgment: 26 November 2013
Catchwords: COSTS – "Calderbank" offers made – whether indemnity costs should be awarded – factors relevant to exercise of discretion – indemnity costs refused
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Former Federal Court Rules 1979 (Cth)
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Re Wilcox: Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 University of Western Australia v Gray (No 21) (2008) 249 ALR 360 Jones v Bradley (No 2) [2003] NSWCA 258 Brookfield Multiplex Limited v International Litigation Funding Partners Pty Ltd (No 4) [2009] FCA 803 Black v Lipovac (1998) 217 ALR 386 Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 Specsavers Pty Ltd v Luxottica Retail Australia Pty Ltd [2013] FCA 648 Bitech Engineering v Garth Living Pty Ltd [2013] FCA 881 Date of hearing: Determined on the papers
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