Federal Court of Australia
Federal Court of Australia
Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting (No 2) [2023] FCA 970 File number(s): NSD 497 of 2022
Judgment of: JACKMAN J
Date of judgment: 16 August 2023
Catchwords: COSTS – claim for lump sum costs order – proposed 10% reduction to actual costs on the basis that indemnity costs could otherwise be claimed – not unreasonable to reject offer where offer made prior to amendment to applicant's pleadings to introduce claim which was ultimately successful – where the applicant was indemnified to an unknown extent by the first respondent – costs on the basis as between party and party ordered
Legislation: Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 All ER 333 Kerembla Pty Ltd v XL Insurance Co SE, trading as Brooklyn Underwriting [2023] FCA 769 Paciocco v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; (2017) 253 FCR 403
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 7
Date of last submission/s: 11 August 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr P F Santucci and Ms E Dunlop
Solicitor for the Applicant: Morgan English Commercial Lawyers
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