Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 5) [2014] FCA 95

FEDERAL COURT OF AUSTRALIA

Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 5) [2014] FCA 95 Citation: Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 5) [2014] FCA 95

Parties: NEOBEV PTY LTD (ACN 165 795 746) v BACCHUS DISTILLERY PTY LTD (ADMINISTRATORS APPOINTED) (ACN 065 961 711); MAX SCOTT CONSULTING PTY LTD (ACN 098 170 480) and MAX SCOTT

File number: SAD 291 of 2013

Judge: BESANKO J

Date of judgment: 19 February 2014

Catchwords: COSTS – Applicant succeeds on some but not all issues in a proceeding – whether Applicant succeeded on main issues in the proceeding – appropriate reduction in costs orders – further disputes between the parties concerning the property in issue in the proceeding – subsequent proceeding issued in the Supreme Court of Victoria – whether costs determination should be adjourned until subsequent proceedings determined – whether Applicant would ultimately receive any benefit from final orders made – whether proceedings futile – whether Calderbank letter effective – whether Applicant had collateral purpose in bringing proceeding – whether proceeding would have been resolved if Applicant raised amendments to claim earlier – release of security paid into solicitor's trust account. Held: Respondent to pay 70% of the Applicant and Cross Respondents' costs, including any reserved costs, but excluding costs subject to prior orders in favour of the Respondent. Security released.

Legislation: Federal Court of Australia Act 1976 (Cth) s 43