Martinero v Comiskey Management Services Pty Ltd [2023] FCA 1184

Federal Court of Australia

Martinero v Comiskey Management Services Pty Ltd [2023] FCA 1184 File numbers: QUD 413 of 2022 NSD 999 of 2022

Judgment of: THOMAS J

Date of judgment: 6 October 2023

Catchwords: COSTS – costs of discontinued proceedings – application for indemnity costs – where proceedings have not progressed – where a Calderbank offer was made – whether the refusal of the Calderbank offer was unreasonable – whether conduct of the applicants flouting the norm by which litigation is normally conducted – order for costs on a party and party basis – indemnity costs not made

Legislation: Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) (2021) 151 ACSR 26; [2021] FCA 246 Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 Calderbank v Calderbank [1975] 3 All ER 333 Dalian Huarui Heavy Industry International Co Ltd v Duro Felguera Australia Pty Ltd [2018] FCA 905 Drury v Andreco-Hurll Refractory Services Pty Ltd [2004] FMCA 398 FAIRA Aboriginal Corp v Minister for Aboriginal and Torres Strait Island Affairs [2002] FCA 9 Low v Australian Tax Office (unreported, Federal Magistrates Court of Australia, Driver FM, 23 October 2000) MGICA (1992) Ltd v Kenny & Good Pty Ltd (No 2) (1996) 70 FCR 236 Muradian v Jones Lang Lasalle (Qld) Pty Limited [2023] FCA 165 ONE.TEL Ltd v Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Ryan v Primesafe (2015) 323 ALR 107; [2015] FCA 8 Travaglini v Raccuia [2012] FCA 620 Zhao v Ausin Group (Australia) Pty Ltd (No 2) [2023] FCA 498