Electrical Data and Fibre Optic Systems Pty Ltd v Utech Pty Ltd; in the matter of Utech Pty Ltd (costs) [2024] FCA 1037

Federal Court of Australia

Electrical Data and Fibre Optic Systems Pty Ltd v Utech Pty Ltd; in the matter of Utech Pty Ltd (costs) [2024] FCA 1037 File number(s): NSD 140 of 2024

Judgment of: WIGNEY J

Date of judgment: 6 September 2024

Catchwords: COSTS – application for indemnity costs by successful defendant – where plaintiff did not accept offers of compromise – whether the offers were reasonable – where one offer was made at a very early stage of the proceeding – where offers were open for a short period of time – plaintiff did not act unreasonably in not accepting offer – indemnity costs not awarded – lump-sum costs ordered in favour of defendant

Legislation: Acts Interpretation Act 1901 (Cth) s 29 Building and Construction Industry Security of Payment Act 1999 (Cth) s 24 Corporations Act 2001 (Cth) s 109X Evidence Act 1995 (Cth) s 160

Cases cited: Calderbank v Calderbank [1976] Fam 93 Edwards v Nine Network Australia Pty Ltd (No 6) [2024] FCA 758 Electrical Data and Fibre Optic Systems v Utech Pty Ltd, in the matter of Utech Pty Ltd [2024] FCA 874

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 23

Date of last submission/s: 21 August 2024

Date of hearing: 1 July 2024

Solicitor for the Plaintiff Solve Legal

Counsel for the Defendant Mr S Fitzpatrick

Solicitor for the Defendant PCL Lawyers

ORDERS NSD 140 of 2024 IN THE MATTER OF UTECH PTY LTD BETWEEN: ELECTRICAL DATA AND FIBRE OPTIC SYSTEMS PTY LTD Plaintiff