Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wyzenbeek v Australasian Marine Imports Pty Ltd (No 3) [2019] FCA 439 File number(s): NSD 911 of 2015
Judge(s): DERRINGTON J
Date of judgment: 3 April 2019
Catchwords: COSTS – exceptional and unusual circumstances – where respondents unnecessarily prolonged action – where respondents pursued and maintained defences which were not seriously maintainable – whether respondents should pay unsuccessful applicants' costs – where non-compliance with ss 37M and 37N of the Federal Court Rules requires alteration to "usual" order that costs follow the event COSTS – where respondents raised numerous defences which were obviously not sustainable – what is "event" for the purposes of the rule "costs follow event" COSTS – offers to settle made under Federal Court Rules – joint offer by all respondents inclusive of costs – where applicants successful against one respondent – where not possible to ascertain whether judgment more favourable than offer – where not possible to ascertain whether it was unreasonable for applicants not to accept offer
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Conservation Foundation Inc v Forestry Commission of Tasmania (1988) 81 ALR 166 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Calderbank v Calderbank [1975] 3 WLR 586 Colburt v Beard [1992] 2 Qd R 67 Forster v Farquhar [1893] 1 QB 564 Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10 Kimber v Owners Strata Plan No 48216 [2018] FCAFC 181 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Maestrale v Aspite [2014] NSWCA 182 McDermott v Robinson Helicopter Co (No 2) [2015] 1 Qd R 295 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425 NV Sumatra Tobacco Trading Co v British American Tobacco Services Ltd [2011] FCA 1295 Rush v Nationwide News Pty Ltd (No 5) [2018] FCA 1622 Southern Cross Mine Management Pty Ltd v Ensham Resources Pty Ltd [2004] QSC 457 Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113 Thomopoulos v Faulks (No 2) [2006] VSC 286 Yorke v Lucas (1985) 158 CLR 661
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