Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Koonara Management Pty Ltd v Rockliff (No 3) [2020] FCA 523 File number: NSD 1357 of 2016
Judge: GLEESON J
Date of judgment: 23 April 2020
Catchwords: COSTS – application for indemnity costs by respondents and cross-claimant – where applicants and cross-claimant both unsuccessful in their respective claims and liable to pay the relevant costs of the other party – principle that costs should follow the event – how to define 'event'– numerous offers of settlement made by respondents and cross-claimant – offers not accepted by applicants and cross-respondents – Calderbank offers and Notices of offer to compromise – what constitutes a genuine offer of compromise – refusal of offers by applicants and cross-respondents not unreasonable in the circumstances – application for indemnity costs refused COSTS – competing applications for lump sum and consolidated costs orders – where applicants and cross-claimant both unsuccessful in their respective claims and liable to pay the relevant costs of the other party – where prior costs orders made in the proceeding – where necessary to undertake apportionment of costs of proceeding as between primary claim and cross-claim – lump sum orders consolidated
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N(1), 43 Federal Court Rules 2011 r 40.02(b)
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 Hislop v Paltar Petroleum Limited [2017] FCA 1632 Howell v Dering [1915] 1 KB 54 Keen v Telstra Corporation Limited (No 2) [2006] FCA 930 Koonara Management Pty Ltd v Rockliff (No 2) [2019] FCA 808 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 7) [2018] FCA 1217 Morony & Ors v Reschke & Ors [2017] NSWSC 544 NMFM Property Pty Ltd and Ors v Citibank Ltd (No 2) [2001] FCA 480; 109 FCR 77 Paciocco and Another v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; 253 FCR 403 Rocky Castle Finance Pty Ltd v Taylor; Rocky Castle Finance Pty Ltd v Gillen [2014] SASCFC 1; 118 SASR 349
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