Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toucha Pty Ltd v Thomas Taylor (Bowls) Limited (No 2) [2017] FCA 861 File number: WAD 390 of 2014
Judge: BARKER J
Date of judgment: 4 August 2017
Catchwords: COSTS – application for indemnity costs – where Court dismissed application against each respondent in proceeding – where respondents made offer of compromise prior to trial – whether applicant's rejection of offer was unreasonable
Legislation: Federal Court Act of Australia 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) R 25.01(1), R 25.14(2)
Cases: Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Toucha Pty Ltd v Thomas Taylor (Bowls) Limited [2017] FCA 514
Date of hearing: Determined on the papers
Date of last submissions: 21 June 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr P Lafferty
Solicitor for the Applicant: Kings Park Corporate Lawyers
Counsel for the Respondents: Mr J Slattery
Solicitor for the Respondents: Griffith Hack Lawyers
ORDERS WAD 390 of 2014
BETWEEN: TOUCHA PTY LTD ABN 22 119 817 953 Applicant
AND: THOMAS TAYLOR (BOWLS) LIMITED (COMPANY NO SC 136912) First Respondent
GRANT HERON Second Respondent
JUDGE: BARKER J DATE OF ORDER: 4 AUGUST 2017
THE COURT ORDERS THAT:
1. The applicant pay the respondents' costs of the proceeding before 11:00am on 19 June 2016 on a party and party basis. 2. The applicant pay the respondents' costs of the proceeding after 11:00am on 19 June 2016 on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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