Federal Court of Australia
Federal Court of Australia
LLC BryanskAgrostroy v Mackies Asia Pacific Pty Limited (No 2) [2021] FCA 1419 File number: WAD 153 of 2021
Judgment of: COLVIN J
Date of judgment: 15 November 2021
Catchwords: COSTS - assessment of costs in application where applicant successful - whether appropriate to assess lump sum costs on indemnity basis - where respondent refused formal offers - where application not opposed by respondent after indicating it intended to defend application - whether fees reasonable in amount and reasonably incurred
Legislation: Federal Court Rules 2011 (Cth) Schedule 3
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 All ER 333 Clifton (Liquidator) v Kerry J Investment Pty Ltd t/as Clenergy (No 2) [2020] FCAFC 112; (2020) 277 FCR 382 Hancock v Rinehart [2015] NSWSC 1640 Stewart v Atco Controls Pty Ltd (in liq) (No 2) [2014] HCA 31; (2014) 252 CLR 331 Swansdale Pty Ltd v Whitcrest Pty Ltd [2010] WASCA 129 (S) Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 15
Date of last submissions: 29 September 2021 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: Dr S Luttrell and Mr V Lemaic with Ms L Welmans
Solicitor for the Applicant: Clifford Chance
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