Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Bettles [2023] FCA 1442 File number: QUD 693 of 2019
Judgment of: MARKOVIC J
Date of judgment: 23 November 2023
Catchwords: COSTS – application for costs to be paid on an indemnity basis – whether the plaintiff's rejection of an offer of compromise was unreasonable and imprudent – where offer made in context of civil penalty proceedings – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Insolvency Practice Schedule (Corporations), being Sch 2 to the Corporations Act 2001 (Cth), s 45-1
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited [2005] FCA 860 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2020] FCA 598 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (2007) ATPR ¶42–200; [2007] FCA 1844 Australian Securities and Investment Commission v Whitebox Trading Pty Ltd (No 8) [2019] FCA 1139 Calderbank v Calderbank [1975] 3 All ER 333
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 26
Date of hearing: Determined on the papers
Date of last submissions: 1 September 2023 (Defendant) 15 September 2023 (Plaintiff)
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