Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGuinness v Workplace Eye Protection Pty Ltd (No 2) [2020] FCA 872 File number: NSD 47 of 2020
Judge: GLEESON J
Date of judgment: 25 June 2020
Catchwords: COSTS – whether refusal by plaintiff to accept settlement offer unreasonable – plaintiff to pay portion of defendant's costs on indemnity basis
Legislation: Federal Court Rules 2011 (Cth) rr 25.14, 25.14(2) Corporations Act 2001 (Cth) s 1317K
Cases cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Facton Ltd (formerly known as G-Star Raw Denim KFT) v Seo [2011] FCA 344; (2011) 91 IPR 135 Factory 5 Pty Ltd v Victoria (No 2) [2011] FCA 323 NMFM Property Pty Ltd and Ors v Citibank Ltd (No 2) [2001] FCA 480; (2001) 109 FCR 77 Visscher v Teekay Shipping (Australia) Pty Ltd (No 2) [2014] FCAFC 19
Date of hearing: Determined on the papers
Date of last submissions: 10 June 2020 (Plaintiff) 3 June 2020 (Defendant)
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 26
Counsel for the Plaintiff: JM Harris
Solicitor for the Plaintiff: Jemmeson Fisher Lawyers
Counsel for the Defendant: A Harding
Solicitor for the Defendant: Glenn R Walters & Co
ORDERS NSD 47 of 2020
BETWEEN: PHILLIP EDWARD MCGUINNESS Plaintiff
AND: WORKPLACE EYE PROTECTION PTY LTD (ACN 128 607 607) Defendant
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