Valra Pty Ltd v Mag Men Holdings Pty Ltd (No 2) [2020] FCA 314

FEDERAL COURT OF AUSTRALIA

Valra Pty Ltd v Mag Men Holdings Pty Ltd (No 2) [2020] FCA 314 File number: WAD 294 of 2016

Judge: BANKS-SMITH J

Date of judgment: 12 March 2020

Catchwords: COSTS - where applicant succeeded on one aspect of its claim but awarded nominal damages - where all other claims dismissed - where applicant conceded only at trial that any damages would be nominal only - where respondents required to address significant number of matters in proceedings - whether applicant can be considered successful party where relief limited to declaration of breach and nominal damages - whether declaration as to breach of any real value - circumstances in which party that is successful or successful in part may be deprived of its costs - whether there should be apportionment of costs to allow for limited success - order that applicant pay respondents' costs COSTS - where respondents made offer of compromise under r 25.14 of Federal Court Rules 2011 (Cth) and Calderbank offer - where applicant rejected offers - where judgment given less favourable than terms of respondents' offers - indemnity costs - whether reasonableness of rejection of offer relevant to r 25.14 - where applicant's conduct led to significant inefficiencies in proceedings - order that respondents entitled to indemnity costs COSTS - preliminary discovery application - applicant sought discovery of 51 categories of documents - production of only one category of documents ordered - where despite limited success applicant seeks that first respondent pay applicant's costs of preliminary discovery action - whether respondents adopted adversarial approach to preliminary discovery application - order that applicant pay respondents' costs of preliminary discovery application and costs of compliance with preliminary discovery application