Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Associated Steamships Pty Ltd v Seafarers Safety, Rehabilitation and Compensation Authority (No 2) [2020] FCA 853 File number: QUD 89 of 2018
Judge: REEVES J
Date of judgment: 17 June 2020
Catchwords: COSTS – application by respondent for costs on a party and party basis and then on an indemnity basis – application by applicant for leave to discontinue a part of the proceeding – whether there is some special or unusual feature in the case – where the applicant refused a Calderbank offer and an offer of compromise under r 25.14 – whether the offer was a genuine offer – whether the applicant unreasonably or imprudently failed to accept that offer – whether that failure justified indemnity costs – whether indemnity costs should be ordered in respect of the two claims made in the proceeding – application granted, indemnity costs ordered
Legislation: Seafarers Rehabilitation and Compensation Act 1992 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Associated Steamships Pty Ltd v Seafarers Safety, Rehabilitation and Compensation Authority [2019] FCA 434 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Barnes v Forty Two International Pty Limited (No 2) [2015] FCAFC 19 Bell Lawyers Pty Ltd v Pentelow (2019) 93 ALJR 1007; [2019] HCA 29 Calderbank v Calderbank [1975] 3 All ER 333 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53 Seafarers Safety, Rehabilitation and Compensation Authority v Associated Steamships Pty Ltd [2019] FCAFC 232 State of Queensland v Seltsam Pty Limited (2019) 291 IR 2015; [2019] QCA 248 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190 Verrocchi v Direct Chemist Outlet Pty Ltd (No 2) [2016] FCAFC 162 Wotton v State of Queensland [2009] FCA 758
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