Gorst v Sydney Equine Coaches Pty Ltd [2016] FCA 1067

FEDERAL COURT OF AUSTRALIA

Gorst v Sydney Equine Coaches Pty Ltd [2016] FCA 1067 File number(s): NSD 555 of 2015

Judge(s): JAGOT J

Date of judgment: 31 August 2016

Catchwords: COSTS – where offer of compromise refused and less preferable judgment obtained – whether sufficient basis to justify making order inconsistent with Federal Court Rules r 25.14(1)(b) – substantial change of position following offer

Legislation: Federal Court Rules 2011 (Cth) rr 1.35, 25.14

Cases cited: Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (No 2) [2016] FCA 783 Rolls Royce Industrial Power (Pacific) Ltd (Formerly John Thompson (Aust) Pty Ltd) v James Hardie and Coy Pty Ltd (2001) 53 NSWLR 626 Shaw v Jarldorn (1999) 76 SASR 28

Date of hearing: 30 - 31 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 20

Counsel for the Applicant: Mr R M Foreman

Solicitor for the Applicant: Polczynski Lawyers

Counsel for the Respondents: Mr A T Schlicht

Solicitor for the Respondents: Simon Nixon & Associates

ORDERS NSD 555 of 2015

BETWEEN: SUSAN MAREE GORST Applicant

AND: SYDNEY EQUINE COACHES PTY LTD ACN 122 161 504 First Respondent

DEAN ANTHONY DOUGLAS Second Respondent

JUDGE: JAGOT J DATE OF ORDER: 31 AUGUST 2016

THE COURT ORDERS THAT:

1. Judgment be entered for the applicant against the First and Second Respondents, jointly and severally, in the sum of $36,000. 2. The First and Second Respondents are to pay the applicant's costs up to 8 March 2016 as agreed or taxed, and each party is to pay its own costs of the proceedings thereafter. 3. Order 2 of the Orders of 28 June 2016 be vacated. 4. Order 1 above be stayed for a period of 28 days from the date of these orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.