Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited (No 2) [2019] FCA 1864

FEDERAL COURT OF AUSTRALIA

Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited (No 2) [2019] FCA 1864 File number: SAD 354 of 2015

Judge: WHITE J

Date of judgment: 13 November 2019

Catchwords: COSTS – exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) – Applicant at trial succeeded on only parts of its claim – Applicant submits that costs should follow the event but be reduced to take account of the claims on which it failed – Respondents seek an order that they be awarded part of their costs – whether Court should take into account a Calderbank offer made by the Respondent – order that the Applicant recover 35% of its costs to be assessed on a lump sum basis.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 43, 51A

Cases cited: Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 4) [2018] FCA 684 Chevron Australia Holdings Pty Ltd v Commissioner of Taxation (No 5) [2015] FCA 1310 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53; (2015) 327 ALR 192 Hockey v Fairfax Media Publications Pty Ltd (No 2) [2015] FCA 750; (2015) 237 FCR 127 Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 40-748 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049 Playgro Pty Ltd v Playgo Art & Craft Manufactory Ltd (No 2) [2016] FCA 478 Valcorp Australia Pty Ltd v Angas Securities Ltd (No 2) [2012] FCAFC 52