Federal Court of Australia
Federal Court of Australia
Kane's Hire Pty Ltd v Anderson Aviation Australia Pty Ltd (No 2) [2023] FCA 461 File number(s): NSD 1161 of 2020
Judgment of: JACKMAN J
Date of judgment: 11 May 2023
Catchwords: COSTS – claim for indemnity costs for entire proceeding, or alternatively from date of offer – no indemnity costs for entire proceeding because applicant's case difficult but not hopeless – whether rejection of the offer was unreasonable – where offer made before discovery or service of evidence – sufficient information available to assess reasonableness of offer – indemnity costs ordered from date of offer
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Civil Aviation Safety Regulations 1998 (Cth) reg 21.186 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 117 Calderbank v Calderbank [1975] 3 All ER 333 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 202
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 11
Date of last submission/s: 5 May 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr A Gerard
Solicitor for the Applicant: Anderson & Sjoquist Commercial Lawyers
Counsel for the Respondents: Mr J A Ribbands
Solicitor for the Respondents: Maitland Lawyers
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