Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 5) [2023] FCA 304

Federal Court of Australia

Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 5) [2023] FCA 304 File number(s): NSD 1153 of 2021

Judgment of: GOODMAN J

Date of judgment: 6 April 2023

Catchwords: COSTS – allocation of costs where plaintiffs successful only on a narrow issue – whether the fifth defendant engaged in disentitling conduct – whether the rejection of Calderbank offers justifies an award of costs on an indemnity basis – held: plaintiffs to pay 95 per cent of the first to fourth defendants' costs on a party and party basis and all of the fifth defendant's costs on a party and party basis

Legislation cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Corporations Act 2001 (Cth), s 232

Cases cited: Black v Lipovac [1998] FCA 699; (1998) 217 ALR 386 Calderbank v Calderbank [1976] Fam 93 CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd [2022] FCA 148 Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 3) [2022] FCA 1302 Chief Disruption Officer Pty Ltd as Trustee for the McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd (No 4) [2023] FCA 25 Gray v Richards (No 2) [2014] HCA 47; (2014) 89 ALJR 113 Hardingham v RP Data Pty Ltd (No 2) [2021] FCAFC 175 Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) [2004] FCA 1437; (2004) 212 ALR 281