Federal Court of Australia
Federal Court of Australia
Holland v BT Securities Limited (No 3) [2023] FCA 961 File number(s): SAD 162 of 2021
Judgment of: O'SULLIVAN J
Date of judgment: 7 August 2023
Date of publication of reasons: 14 August 2023
Catchwords: PRACTICE AND PROCEDURE – application for indemnity costs – where defendant made offer pursuant to r 25 of the Federal Court Rules 2011 (Cth) – where defendant also made Calderbank offer – whether rejection of the offer was imprudent or unreasonable – where plaintiffs to pay indemnity costs from 2 business days after offer pursuant to r 25 of the Rules
Legislation: Federal Court Rules 2011 (Cth), rr 25, 25.14(2)
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd [2015] FCA 949
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 7
Date of hearing: 7 August 2023
Counsel for the Plaintiffs: The plaintiffs appeared in person
Counsel for the Defendant: Ms T Flaherty
Solicitor for the Defendant: Dentons Australia Limited
ORDERS SAD 162 of 2021
BETWEEN: MARK WILLIAM HOLLAND First Plaintiff
VIVIENNE LESLEIGH HOLLAND Second Plaintiff
AND: BT SECURITIES LIMITED (ACN 000 720 114) Defendant
order made by: O'SULLIVAN J DATE OF ORDER: 7 AUGUST 2023
THE COURT ORDERS THAT:
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