Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merost Pty Ltd v CPT Custodian Pty Ltd (No 2) [2014] FCA 594 Citation: Merost Pty Ltd v CPT Custodian Pty Ltd (No 2) [2014] FCA 594
Parties: MEROST PTY LTD (ACN 005 272 346) (AS TRUSTEE FOR CD BURGESS FAMILY TRUST) v CPT CUSTODIAN PTY LTD (ACN 077 870 243) (AS CUSTODIAN FOR CENTRO MCS 5)
File number: VID 14 of 2012
Judge: NORTH J
Date of judgment: 6 June 2014
Catchwords: COSTS – pre-judgment interest – s 51A Federal Court of Australia Act 1976 – whether pre-judgment interest to be awarded where respondent claims trial delayed by applicant – no evidence of delay – prejudgment interest awarded – claim for indemnity costs – r 25.14(3) Federal Court Rules 2011 (Cth) – whether terms of offer to be construed as at time of offer – whether judgment more favourable than offer when interest considered – judgment was more favourable than offer – no proper reason for departing from prima facie entitlement to indemnity costs
Legislation: Federal Court of Australia Act 1976 s 51A Federal Court Rules 2011 (Cth) r 25.14(3)
Cases cited: Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 IFTC Broking Services Ltd v Federal Commissioner of Taxation (2010) 268 ALR 1 Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) (2004) 212 ALR 281
Date of hearing: 24 April 2014
Date of last submissions: 28 May 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Mr T R Messer
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