Federal Court of Australia
Federal Court of Australia
Dreamstreet Lending Pty Ltd v Weiss (No 3) [2023] FCA 825 File number(s): VID 638 of 2020
Judgment of: BUTTON J
Date of judgment: 27 July 2023
Catchwords: PRACTICE AND PROCEDURE – costs – where applicant had mixed success against first respondent – where applicant was unsuccessful against second and third respondents – claim for indemnity costs – whether applicant unreasonably refused offer of compromise under r 25.14(2) of the Federal Court Rules 2011 (Cth) – whether applicant unreasonably refused Calderbank offers – parties with mixed success to bear their own costs – indemnity costs ordered from date of offers PRACTICE AND PROCEDURE – form of final orders – where parties have agreed net judgment sum in first respondent's favour – declarations made – orders made for the deletion of confidential information and to restrain the first respondent's use of that information, and for the discharge of the first respondent's earlier confidentiality undertaking – orders made for the ongoing payment of trail commissions to the first respondent as set out in a confidential annexure
Legislation: Civil Dispute Resolution Act 2011 (Cth) ss 3, 4, 6, 7, 11, 12 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) rr 25.01, 25.03, 25.14, 40.03
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 AWB Ltd v Cole (No 6) (2006) 235 ALR 307; [2006] FCA 1274 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Damorgold Pty Ltd v Blindware Pty Ltd (No 2) [2018] FCA 364 Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684 Dreamstreet Lending Pty Ltd v Weiss [2022] FCA 1179 Forbes Engineering (Asia) Pte Ltd v Forbes (No 5) [2009] FCA 873 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 Inspector-General in Bankruptcy v Bradshaw (No 2) [2006] FCA 383 Kimber v Owners Strata Plan No 48216 [2018] FCAFC 181 Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603 Purvis v Dairy Adjustment Authority (No 2) (2006) 150 FCR 48 Singapore Telecom Australia Investments Pty Ltd v Commissioner of Taxation (No 2) [2022] FCA 260 Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 Wyzenbeek v Australasian Marine Imports Pty Ltd (No 3) [2019] FCA 439
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate