Federal Court of Australia
Federal Court of Australia
Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care (Costs) [2024] FCA 857 File number(s): VID 485 of 2022
Judgment of: HESPE J
Date of judgment: 1 August 2024
Catchwords: COSTS – application for indemnity costs – where Calderbank walk away offer not accepted – where claims substantially changed after walk away offer – whether refusal to accept Calderbank offer was unreasonable
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(a) Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: 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 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298; 13 VR 435 Lehrmann v Network Ten Pty Ltd (Costs) [2024] FCA 486 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 Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 491 State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 3) [2021] FCA 568; 159 IPR 281 State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2022] FCAFC 57; 399 ALR 704
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