Shafston Avenue Construction Pty Ltd, in the matter of CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) v McCann (No 4) [2021] FCA 1548

Federal Court of Australia

Shafston Avenue Construction Pty Ltd, in the matter of CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) v McCann (No 4) [2021] FCA 1548 File number: QUD 683 of 2018

Judgment of: REEVES J

Date of judgment: 8 December 2021

Catchwords: COSTS – application by defendants for costs on an indemnity basis – where the plaintiffs refused an offer made under r 25.14 of the Federal Court Rules 2011 (Cth) and the principles in Calderbank v Calderbank [1976] Fam 93 – where the plaintiffs succeeded on one out of three of their claims – whether the plaintiffs obtained a judgment that was more favourable to them than if they had accepted the offer – application dismissed – no order as to costs

Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: ALDI Foods Pty Ltd v Transport Workers' Union of Australia (2020) 282 FCR 174; [2020] FCAFC 231 Bert & Ors v Red 5 Limited & Anor [2017] Calderbank v Calderbank [1976] Fam 93 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Guo v Commonwealth of Australia (No 2) [2018] FCA 13 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435; [2005] VSCA 298 Metz Holdings Pty Ltd v Simmac Pty Ltd (No 3) [2011] FCA 1450 O'Keeffe Nominees Pty Ltd v BP Australia Ltd (No 2) (1995) 55 FCR 591 Reurich v Club Jervis Bay Ltd (No 2) [2018] FCA 1727 Roache v News Group Newspapers Ltd [1992] TLR 551 Shafston Avenue Construction Pty Ltd, in the matter of CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) v McCann (No 3) [2021] FCA 938 Stipanov v Mier (No.2) [2006] VSC 424 Timms v Clift [1998] 2 Qd R 100 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190