Brosnan v Katke [2016] FCA 717

FEDERAL COURT OF AUSTRALIA

Brosnan v Katke [2016] FCA 717 File number: QUD 384 of 2012

Judge: GREENWOOD J

Date of judgment: 15 June 2016

Catchwords: PRACTICE AND PROCEDURE – consideration of the disposition of the costs of the principal proceeding deferred pending publication of Orders and Reasons for Judgment by the Full Court on 12 January 2016 in an appeal by the applicants from the Orders of the primary Judge – consideration of the exercise of the discretion as to costs in light of a Calderbank offer made by the respondents to the applicants and in light of affidavit material filed by the parties

Date of hearing: 15 June 2016

Date of last submissions: 21 May 2015

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 33

Solicitors for the Applicants: Mills Oakley Lawyers

Solicitors for the Respondents: Johnson Winter & Slattery

ORDERS QUD 384 of 2012

BETWEEN: MICHAEL BROSNAN First Applicant

LEON BROSNAN Second Applicant

MARY BROSNAN (and others named in the Schedule) Third Applicant

AND: JEFFREY JAMES KATKE First Respondent

METAGENICS AUSTRALIA PTY LTD (ACN 113 937 572) Second Respondent

METAGENICS INC (and others named in the Schedule) Third Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 15 JUNE 2016

THE COURT ORDERS THAT:

1. The applicants pay the costs of the first to fourth respondents of and incidental to the proceeding including reserved costs, subject to Orders 2 and 3 on a party and party basis up to and including 6 January 2014 and, from 6 January 2014 on an indemnity basis. 2. The costs of the respondents of and incidental to an interlocutory application heard and determined before her Honour Justice Collier on 16 August 2013 and reserved by her Honour do not form part of the reserved costs for the purposes of Order 1 of these Orders, and as to the costs so reserved by her Honour Justice Collier, the first to fourth respondents pay the applicants' costs of and incidental to that application on a party and party basis. 3. The reserved costs of and incidental to the interlocutory application filed by the respondents on 12 September 2012 be paid by the applicants on a party and party basis subject to the consideration that in calculating the amount of such costs, those costs shall not include any costs of and incidental to the preparation and filing of the affidavit of Justin Anthony McDonnell sworn 12 September 2012. 4. Pursuant to Section 23 and Section 37P of the Federal Court of Australia Act 1976 (Cth), Rule 1.32 and Rule 1.36 of the Federal Court Rules 2011 and Order 1 of the Orders made on 23 April 2015, these Orders and the Reasons for Judgment in support of these Orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.