Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd (No 2) [2020] FCA 1082

FEDERAL COURT OF AUSTRALIA

Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd (No 2) [2020] FCA 1082 File number: WAD 540 of 2015

Judge: DAVIES J

Date of judgment: 30 July 2020

Catchwords: PRACTICE AND PROCEDURE – pre-judgment interest – unfair preference claims context – when demand was made for purposes of determining when cause of action arose under s 51A(1)(a) of the Federal Court of Australia Act 1976 (Cth) – whether liquidator's demand must relate specifically to all payments within "single transaction" pursuant to s 588FF(3) COSTS – application for indemnity costs – multiple Calderbank offers – notice of offer to compromise under r 25.01(1) of the Federal Court Rules 2011 (Cth) (Rules) – whether defendant unreasonably rejected Calderbank offers – whether circumstances justified order inconsistent with presumption in favour of indemnity costs order in r 25.14(3) of the Rules – discretion not exercised on facts of case COSTS – apportionment of costs – where plaintiffs abandoned issue in dispute at the beginning of trial – where significant overlap with factual substratum relevant to a remaining issue in dispute – apportionment not appropriate on facts of case – 20% discount on costs awarded

Legislation: Corporations Act 2001 (Cth) ss 588FA, 588FF Federal Court of Australia Act 1976 (Cth) s 51A(1)(a) Federal Court Rules 2011 (Cth) rr 1.35, 25.01(1), 25.14

Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd [2020] FCA 714 Capital Finance Australia Limited v Tolcher [2007] FCAFC 185; 164 FCR 83 Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115; 41 WAR 1 IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31; 78 ATR 606 Industrial Galvanizers Corporation Pty Ltd v Safe Direction Pty Ltd (No 2) [2018] FCA 1612 Kooee Communications Pty Ltd v Primus Telecommunications (No 2) [2011] FCAFC 141 Marriner v Australian Super Developments Pty Ltd [2016] VSCA 141 PKT Technologies Pty Ltd (formerly known as Fairlight.au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2020] FCAFC 46 Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) (No 2) [2016] FCA 783 Robinson v Kenny (No 2) [2015] FCA 2 Shaw v Jarldorn (1999) 76 SASR 28 Star v O'Brien (1996) 40 NSWLR 695 Sydney Equine Coaches Pty Ltd v Gorst [2017] FCAFC 34 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 19 Visscher v Teekay Shipping (Australia) Pty Ltd (No 2) [2014] FCAFC 19