Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Shire of Kellerberrin (No 11) [2018] FCA 1734 File number: WAD 316 of 2010
Judge: BARKER J
Date of judgment: 13 November 2018
Catchwords: COSTS – where Full Court held first and second respondents liable for tort of misfeasance in public office – where Full Court remitted matter for assessment of damages and questions of costs – where damages awarded in the total sum of $30,000 – where more favourable Notice of Offer to Compromise served on applicant in 2014 under Pt 25 of the Federal Court Rules 2011 (Cth) – where applicant rejected offer – where applicant's causes of action had mixed success – no costs ordered prior to relevant date as outlined in R 25.14(1) of the Rules – costs ordered on an indemnity basis thereafter – damages order stayed pending assessment of costs – award of damages and costs order to be set-off against one another
Legislation: Federal Court Rules 2011 (Cth) Pt 25, R 25.14(1)
Cases cited: Nyoni v Shire of Kellerberrin (No 10) [2018] FCA 1576
Date of hearing: Determined on the papers
Date of last submissions: 25 October 2018
Registry: Western Australia
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: The Applicant did not file any submissions
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