Federal Court of Australia
Federal Court of Australia
Rossi v Qantas Airways Limited (No 5) [2023] FCA 1484 File number: NSD 1549 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 27 November 2023
Catchwords: COSTS - application for indemnity costs - Calderbank offer - where applicant did not accept offer by respondent to settle proceeding - whether rejection of offer unreasonable - where offer made in context of separate determination of issue - where objective assessment of offer required prediction as to a number of interdependent applications - costs to be paid on party and party basis only
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Federal Court Rules 2011 (Cth) r 25.01 County Court Rules of Procedure in Civil Proceedings 1999 (Vic) O 15.08
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Black v Tomislav Lipova BHNF Maria Lipovac [1998] FCA 699; (1998) 217 ALR 386 Centor Australia Pty Ltd v RMD Industries Pty Ltd (No 2) [2013] FCA 1407 Daebo Shipping Co Ltd v The Ship Go Star (No 2) [2011] FCA 1544 Firstmac Limited v Zip Co Limited (No 2) [2023] FCA 1074 Gibbons v Wright (1954) 91 CLR 423 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Merial Inc v Intervet International BV (No 4) [2017] FCA 223 Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080 Rossi v Qantas Airways Limited (No 4) [2023] FCA 1008
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