Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JWR Productions Australia Pty Ltd v Duncan-Watt (No 3) [2020] FCA 528 File numbers: NSD 266 of 2017 NSD 327 of 2017
Judge: THAWLEY J
Date of judgment: 22 April 2020
Catchwords: COSTS – application for indemnity costs on the basis of a Notice of Offer to Compromise issued under r 25.01(1) of the Federal Court Rules 2011 (Cth) – where refusal of offer was unreasonable – indemnity costs awarded COSTS – application for indemnity costs on the basis of s 43 of the Federal Court of Australia Act 1976 (Cth) and s 40 of the Defamation Act 2005 (NSW) – where refusal of offer was not unreasonable – party / party costs awarded
Legislation: Defamation Act 2005 (NSW) s 40 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 1979 (Cth) O 23 r 11 Federal Court Rules 2011 (Cth) rr 25.01, 25.14, 40.02
Cases cited: Australian Skills Quality Authority v Western Institute of Technology Pty Ltd [2017] FCAFC 183 Boz One Pty Ltd v McLellan (No 2) [2015] VSCA 145 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Hanson-Young v Leyonhjelm (No 5) [2020] FCA 34 JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Lodestar Anstalt v Campari America LLC (No 2) [2016] FCAFC 118 Oshlack v Richmond River Council (1998) 193 CLR 72 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (2012) 208 FCR 78
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