470 St Kilda Road Pty Ltd v Robinson [2017] FCA 647

FEDERAL COURT OF AUSTRALIA

470 St Kilda Road Pty Ltd v Robinson [2017] FCA 647 File number: VID 284 of 2012

Judge: O'CALLAGHAN J

Date of judgment: 8 June 2017

Catchwords: COSTS – offers of compromise made – whether respondent liable to pay costs on indemnity basis

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

Cases cited: Sydney Equine Coaches Pty Ltd v Gorst [2017] FCAFC 34

Date of hearing: Determined on the papers

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr M A Robins QC and Mr A R Morrison

Solicitor for the Applicant: Mr N Kuperholz

Counsel for the Respondent: Mr N Pane QC and Mr C Young

Solicitor for the Respondent: HWL Ebsworth

ORDERS VID 284 of 2012

BETWEEN: 470 ST KILDA ROAD PTY LTD (ACN 006 075 341) Applicant

AND: GLENN ROY ROBINSON Respondent

JUDGE: O'Callaghan j DATE OF ORDER: 8 June 2017

THE COURT ORDERS THAT:

1. The respondent pay the applicant's costs of the proceeding: (a) on a party-party basis up to 11.00 a.m. on 13 October 2016; and (b) on an indemnity basis thereafter. 2. The amount of interest referred to in order 1 of the order dated 30 May 2017 be fixed at $505,634.75. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

O'CALLAGHAN J: 1 On 30 May 2017, I gave judgment for the applicant in this proceeding in the sum of $1,426,641.70. I afforded the parties an opportunity to file written submissions on the question of costs. They have done so. They agree that I should resolve the remaining issue between them on the papers.