Bradshaw v Emirates (Costs) [2021] FCA 1613

Federal Court of Australia

Bradshaw v Emirates (Costs) [2021] FCA 1613 File number: NSD 2113 of 2019

Judgment of: STEWART J

Date of judgment: 21 December 2021

Catchwords: COSTS – where applicant was successful on liability – where applicant was made an offer under the Federal Court Rules 2011 (Cth) more favourable than the judgment – where applicant refused the offer – whether respondent is entitled to indemnity costs from after the offer – whether applicant should have the costs up to the offer

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Civil Liability Act 2002 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Federal Court Rules 2011 (Cth) rr 1.35, 25.01, 25.05, 25.14, 40.08, 40.29, 40.30, Sch 3

Cases cited: Bradshaw v Emirates [2021] FCA 1407 Calderbank v Calderbank [1975] 3 All ER 333 Clark v ING Life Ltd [2007] FCA 1960 Colgate Palmolive Co v Cussons Pty Ltd [1993] FCA 801; 46 FCR 225 Commissioner of Taxation v Crown Insurance Services Ltd (No 2) [2012] FCAFC 182 Dutton v Bazzi (No 2) [2021] FCA 1560 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; 13 VR 435 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Inspector-General in Bankruptcy v Bradshaw (No 2) [2006] FCA 383 PKT Technologies Pty Ltd (formerly known as Fairlight.au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2020] FCAFC 46 Sandoz Pty Ltd v H. Lundbeck A/S (No 2) [2021] FCAFC 47 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (No 4) [2012] FCA 652 State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Tickell v Trifleska Pty Ltd (1990) 25 NSWLR 353 W Win Engineering Pty Ltd v Wiggins [2016] FCA 967