Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 4) [2017] FCA 1277
File number: VID 953 of 2015
Judge: MORTIMER J
Date of judgment: 31 October 2017
Catchwords: COSTS — whether applicant should pay respondent's costs on an indemnity or party/party basis – whether unreasonable for the applicant to refuse Calderbank offer in the circumstances – party/party costs ordered
Legislation: Civil Dispute Resolution Act 2011 (Cth), s 12 Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 Beling v Sixty International S.A. (No 2) [2015] FCA 355 Black v Lipovac [1998] FCA 699; 217 ALR 386 Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 Royal v El Ali (No 3) [2016] FCA 1573 Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865 Veda Advantage Limited v Malouf Group Enterprises Pty Limited (No 2) [2016] FCA 470
Date of hearing: Determined on the papers
Date of last submissions: 2 October 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr B Caine QC with Mr L Merrick
Solicitor for the Applicant: Cornwall Stodart
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