Federal Court of Australia
Federal Court of Australia
Hegde, in the matter of Nutricare Holdings Limited v Nutricare Holdings Limited (No 2) [2021] FCA 33 File number: QUD 268 of 2020
Judgment of: REEVES J
Date of judgment: 29 January 2021
Catchwords: COSTS – application for costs on a standard basis – application for costs on an indemnity basis – where each party was variously successful on some aspects of the application and unsuccessful on others – where several offers of compromise were made and rejected – whether it was reasonable for each of the parties to reject the offers of compromise – each party to bear its own costs
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers' Union of Australia [2020] FCAFC 231 Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Associated Steamships Pty Ltd v Seafarers Safety, Rehabilitation and Compensation Authority (No 2) [2020] FCA 853 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Coshott v Prentice (2014) 221 FCR 450; [2014] FCAFC 88 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) (2015) 327 ALR 192; [2015] HCA 53 Hegde, in the matter of Nutricare Holdings Limited v Nutricare Holdings Limited [2020] FCA 1646 New South Wales Lotteries Corporation Pty Ltd v Kuzmanovski (No 2) [2011] FCAFC 152 Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd (ACN 008 650 628) (2010) 265 ALR 112; [2010] FCAFC 16 The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Trenfield, In the matter of ACN 089 008 668 Pty Ltd (in liq) v JMD Park Pty Ltd (No 2) [2020] FCA 45 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188
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