Nextra Australia Pty Limited v Fletcher (No 2) [2014] FCA 682

FEDERAL COURT OF AUSTRALIA

Nextra Australia Pty Limited v Fletcher (No 2) [2014] FCA 682 Citation: Nextra Australia Pty Limited v Fletcher (No 2) [2014] FCA 682

Parties: NEXTRA AUSTRALIA PTY LIMITED (ACN 070 924 677) v MARK TIMOTHY FLETCHER

File number: QUD 146 of 2011

Judge: COLLIER J

Date of judgment: 26 June 2014

Catchwords: COSTS – applicant substantially successful in claim against respondent for misleading and deceptive conduct – s 18 Australian Consumer Law – applicant granted orders for removal and restraint of publication of misleading blog post – applicant made earlier offer to discontinue proceedings on basis respondent remove blog post and pay an amount to the applicant being less than the applicant's final costs – alternative offer made by applicant to bear own costs on condition respondent not make further public disparaging comments – whether applicant entitled to indemnity costs – r 25.14(3) Federal Court Rules 2011 (Cth) – applicant withdrew claim for damages sixteen months prior to hearing – costs of amending applicant's statement of claim earlier reserved – respondent made offer to settle on basis respondent pay part of applicant's final costs and applicant discontinue proceedings – second settlement offer by respondent to settle on basis it remove blog and applicant pay his costs – whether applicant's entitlement to costs ought be discounted – whether respondent entitled to any costs – whether applicant's offer constituted genuine compromise – whether applicant unnecessarily continued proceedings in light of respondent's offers

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18 Federal Court Rules 2011 (Cth) rr 25.01, 25.14, 40.03