Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 8) [2017] FCA 258

FEDERAL COURT OF AUSTRALIA

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 8) [2017] FCA 258 File number: SAD 84 of 2014

Judge: BESANKO J

Date of judgment: 17 March 2017

Catchwords: COSTS – whether discretion as to costs should be exercised – where substantial without prejudice offer made before proceedings commenced – where amount recovered considerably less than amount claimed – where claims made without sufficient care – where claims made which should not have been made – where party maintained an inflated or exaggerated claim – where party wholly unsuccessful on two of three claims – where party acts in breach of its duty under s 37N of the Federal Court of Australia Act 1976 (Cth) – where party's conduct calculated to intimidate, harass or otherwise bring improper pressure – whether link between the conduct and the incurring of costs – whether claim more suitably brought in another court COSTS – claim for indemnity costs based on offer falling within r 25.14(1) of Federal Court Rules 2011 (Cth) – whether circumstances to justify departure from presumption of entitlement to indemnity costs – where amendments made to pleadings after the offer is made which add additional allegations – where new allegations are not material and substantial – where presumption not rebutted – no need to examine other matters relied on by offeror

Legislation: District Court of Queensland Act 1967 (Qld) s 68 Evidence Act 1995 (Cth) s 131 Federal Court of Australia Act 1976 (Cth) ss 4, 37M, 37N Federal Court Rules 1979 (Cth) O 23 r 11(6) Federal Court Rules 2011 (Cth) rr 1.35, 15.01, 25.01, 25.03, 25.14, 40.08