Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd (No 2) [2020] FCA 1083

FEDERAL COURT OF AUSTRALIA

Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd (No 2) [2020] FCA 1083 File number: WAD 553 of 2015

Judge: DAVIES J

Date of judgment: 30 July 2020

Catchwords: COSTS – application for indemnity costs – Calderbank offers – notice of offer to compromise under r 25.01(1) of the Federal Court Rules 2011 (Cth) (Rules) – defendant did not act unreasonably in rejecting 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

Legislation: 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 (Liquidator) v L.V. 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 Edenborn Pty Ltd [2020] FCA 715 Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115; 41 WAR 1 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31; 78 ATR 606 Kooee Communications Pty Ltd v Primus Telecommunications (No 2) [2011] FCAFC 141 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 Sydney Equine Coaches Pty Ltd v Gorst [2017] FCAFC 34 Timberworld Ltd v Levin [2015] 3 NZLR 365 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 19 Visscher v Teekay Shipping (Australia) Pty Ltd (No 2) [2014] FCAFC 19