McFarlane as Trustee for the S McFarlane Superannuation Fund v Insignia Financial Ltd (No 2) [2024] FCA 356

Federal Court of Australia

McFarlane as Trustee for the S McFarlane Superannuation Fund v Insignia Financial Ltd (No 2) [2024] FCA 356 File number: NSD 206 of 2020

Judgment of: ANDERSON J

Date of judgment: 11 April 2024

Catchwords: COSTS – offer of compromise sent by respondent under r 25 of the Federal Court Rules 2011 (Cth) – where the applicant's originating application was dismissed – application by respondent for indemnity costs following rejection of offer of compromise – whether the applicant unreasonably failed to accept the offer – where the applicant's rejection of the offer of compromise was not unreasonable in the circumstances – application for indemnity costs dismissed

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

Cases cited: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2020] FCA 598 Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (2018) 259 FCR 514 Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803 Calderbank v Calderbank [1975] ALL ER 333 Equity 8 Pty Ltd v Shaw Stockbroking Ltd [2007] NSWSC 503 Gretton v Commonwealth [2007] NSWSC 149 Karpik v Carnival PLC (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57 McFarlane as Trustee for the S McFarlane Superannuation Fund v Insignia Financial Ltd [2023] FCA 1628 Rakman International Pty Limited v Boss Fire & Safety Pty Ltd [2023] FCAFC 202 Seven Network Limited v News Limited [2007] FCA 1489; 244 ALR 374 State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 3) [2021] FCA 568; 159 IPR 281 Tregidga v Pasma Holdings Pty Limited (No 2) [2021] FCA 1439