Federal Court of Australia
Federal Court of Australia
Stuart v Rabobank Australia Ltd (No 2) [2021] FCA 1626 File number(s): NSD 471 of 2021
Judgment of: HALLEY J
Date of judgment: 22 December 2021
Catchwords: COSTS – application for indemnity costs by respondent – where respondent wholly successful in the proceedings and cross-claim – whether special or unusual features present to depart from r 40.01 of the Federal Court Rules 2011 (Cth) – where credit terms provided contractual entitlement to indemnity costs – whether indemnity costs clauses plainly and unambiguously expressed – where substantial overlap between applicants' substantive case and the respondent's cross-claim – whether costs incurred by respondent in defending claims brought by applicants fall within the indemnity costs clauses – application of ejusdem generis principle – whether respondent's costs incurred in the proceedings arose directly or indirectly from entering into Deed with applicants – costs follow the event but not on indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: AGC (Advances) Ltd v West (1984) 5 NSWLR 301 Amlin Corporate Member Ltd v Austcorp Project No 20 Pty Ltd [2014] FCAFC 78 Bank of Western Australia Ltd v Marsh [2000] WASC 208 Bendigo and Adelaide Bank Ltd v Grahame (No 2) (Costs Ruling) [2020] VSC 223 Chen v Kevin McNamara & Son Pty Ltd [2012] VSCA 229 Deputy Commissioner of Taxation v Clark (2003) 57 NSWLR 113; [2003] NSWCA 91 Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) [1993] Ch 171 In re Adelphi Hotel (Brighton) Ld; District Bank Ld v Adelphi Hotel (Brighton) Ld [1953] 1 WLR 955 In re a Solicitor's Bill of Costs (1941) 58 WN (NSW) 132 In the matter of an arbitration between Richardsons and M Samuel & Co [1898] 1 QB 261 Jianshe Southern Pty Ltd (ACN 007 031 905) v Turnbull Cooktown Pty Ltd (ACN 069 894 275) (No 2) [2007] FCA 903 Kayabram Property Investments Pty Ltd v Murray [2006] NSWSC 54 Leda Holdings Pty Ltd v Oraka Pty Ltd [1999] FCA 444 Lend Lease Real Estate Investments Ltd & Anor v GPT RE Ltd [2006] NSWCA 207 National Australia Bank Limited v Landy Chen-Conway & Anor [2008] NSWSC 485 Perpetual Trustees Australia Ltd & Ors v Barker (2004) 232 LSJS 400; [2004] SASC 58 Quadrascan Graphics Pty Ltd as Trustee of the Quad Unit Trust v Crosfield Electronics ANZ Pty Ltd [1995] FCA 319; BC9507757 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 R v Regos and Morgan (1947) 74 CLR 613 Stuart v Rabobank Australia Ltd [2021] FCA 1388 Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases) [2021] FCA 1206 The Thames and Mersey Marine Insurance Company, Limited v Hamilton, Fraser & Company (1887) 12 App Cas 484 Thorman v Dowgate Steamship Company Limited [1910] 1 KB 410 Walton v National Employers' Mutual General Insurance Association Ltd [1973] 2 NSWLR 73 Wong v Hutchinson (1950) 68 WN (NSW) 55
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