Federal Court of Australia
Federal Court of Australia Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd (No 3) [2021] FCA 1611 File number(s): QUD 321 of 2020
Judgment of: DOWNES J
Date of judgment: 21 December 2021
Catchwords: COSTS – order for indemnity costs sought by applicants following trial – where offer to compromise made by applicants prior to commencement of proceedings – where unreasonable for respondent not to accept offer – costs ordered on the indemnity basis – whether costs should be awarded in lump sum
Legislation: Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Alhalek v Quintiliani trading as Kells Lawyers (No 3) [2021] FCAFC 150 Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd (No 2) [2021] FCA 1570 CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Ltd (2008) 15 ANZ Insurance Cases 61-785; [2008] FCAFC 173 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Hardingham v RP Data Pty Limited (No 2) [2021] FCAFC 175 Re Wilcox; Ex Parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151; [1996] FCA 1132
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 27
Date of last submissions: 17 December 2021
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