Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd (No 2) [2020] FCA 1081 File number: SAD 341 of 2015
Judge: DAVIES J
Date of judgment: 30 July 2020
Catchwords: COSTS – application for indemnity costs – where Calderbank offer made and notice of offer to compromise under r 25.01(1) of the Federal Court Rules 2011 (Cth) (Rules) later issued – whether defendant unreasonably rejected Calderbank offer – indemnity costs awarded only from notice of offer to compromise in accordance with r 25.14(3) of the Rules
Legislation: Corporations Act 2001 (Cth) s 588FA(3) Federal Court Rules 2011 (Cth) Pt 25, rr 25.01(1), 25.14(3)
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Bryant (Liquidator) v LV Dohnt & Co Pty Ltd, in the Matter of Gunns Limited (In Liq) (Receivers and Managers Appointed) [2018] FCA 238 Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2020] FCA 713 Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115; 41 WAR 1 Timberworld Ltd v Levin [2015] 3 NZLR 365
Date of hearing: Determined on the papers
Date of last submissions: 1 July 2020
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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