Federal Court of Australia
Federal Court of Australia
Elanor Funds Management Ltd v Alceon Group Pty Ltd (No 2) [2023] FCA 1608 File number(s): QUD 404 of 2021
Judgment of: MCELWAINE J
Date of judgment: 15 December 2023
Catchwords: COSTS – application by respondents for indemnity costs on the basis of pre-litigation and Calderbank correspondence – indemnity costs awarded to each respondent EVIDENCE – Admissibility of settlement proposal made at mediation – where mediation was ordered pursuant to r 28.03 of the Federal Court Rules 2011 (Cth) – inadmissible by operation of s 53B of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 53B
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) [2021] FCA 246 Elanor Funds Management Ltd v Alceon Group Pty Ltd [2023] FCA 1291 Forsyth v Sinclair (No 2) [2010] VSCA 195 Pinot Nominees Pty Ltd v Federal Commissioner of Taxation [2009] FCA 1508; 181 FCR 392 Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 26
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