Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Good Living Company Pty Limited ATF the Warren Duncan Trust No 3 v Kingsmede Pty Ltd (No 2) [2020] FCA 130 File number: NSD 2304 of 2017
Judge: MARKOVIC J
Date of judgment: 14 February 2020
Catchwords: COSTS – indemnity costs – claim for indemnity costs based on Calderbank offer and offer to compromise under Pt 25 of the Federal Court Rules 2011 (Cth) – whether costs should be awarded on an indemnity basis – where the offerees did not achieve a better result by the judgment than the Calderbank offer – where rejections of offers were not unreasonable – where offer to compromise was a "walk away" offer – no indemnity costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 25.01, 25.03, 25.05, 25.14
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Barnes v Forty Two International Pty Limited (No 2) [2015] FCAFC 19 Mount Isa Mines Ltd v The Ship "Thor Commander" (No 2) [2018] FCA 1702
Date of hearing: Determined on the papers
Date of last submissions: 28 January 2020 (Applicants) 31 January 2020 (Respondents)
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicants: Mr D S Weinberger
Solicitor for the Applicants: Keypoint Law
Counsel for the Respondents: Mr T Maltz
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