Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tytane Pty Ltd v Lyons [2017] FCA 1602 File number(s): VID 290 of 2017
Judge(s): DAVIES J
Date of judgment: 21 December 2017
Catchwords: PRACTICE AND PROCEDURE – Indemnity costs sought where a notice of discontinuance has been filed by the applicant who became liable to pay party-party costs of the application; notice of discontinuance not compliant with the Federal Court Rules 2011; costs sought against the respondent in respect of the respondent's interlocutory application for indemnity costs for the period after the filing of a notice of discontinuance; where Calderbank offer made; whether settlement offers were put on terms as would allow the other party to make an informed decision as to whether the offers should be accepted; break-down of legal costs claimed in the offers was absent; interlocutory application for a costs order against a non-party where it was alleged that the applicant may be financially unable to meet a costs order against it
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Calderbank v Calderbank [1976] FAM 93 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 801 Donnelly v Edelsten (1994) 121 ALR 333 Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No. 2) [2000] FCA 602 Hamod v New South Wales [2002] FCAFC 97 Messiter v Hutchinson (1987) NSWLR 525 Selig v Wealthsure Pty Ltd (2015) 225 CLR 661
Date of hearing: 8 December 2017
Registry: Victoria
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