Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 2) [2024] FCA 1042

Federal Court of Australia

Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 2) [2024] FCA 1042 File number(s): QUD 578 of 2023

Judgment of: NEEDHAM J

Date of judgment: 10 September 2024

Catchwords: COSTS – costs of a separate question - whether costs should be paid on indemnity basis subsequent to a Calderbank offer – element of compromise in Calderbank offer as offer did not seek payment of costs – costs of separate question ordered on indemnity basis COSTS – r 40.13 – time of taxation of costs – costs ordered to be paid forthwith and any application for a lump sum costs order referred to the Registrar COSTS – where respondents responsible for conduct resulting in ineffective transfer of shares ordered to bear costs of separate question – r 40.02 – risk of applicant being disadvantaged by payment of costs by other respondents in which it was a shareholder – costs ordered against first and second respondents only

Legislation: Corporations Act 2001 (Cth) s 1071B Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43(2), 43(3) Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.35, 40.02(b) 40.13

Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 13) (Full Federal Court, Lockhart, Lindgren and Tamberlin JJ, 17 August 1995, unreported: BC9501951 Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 4) [2013] FCA 567 Axent Holdings Pty Ltd v Compusign Australia Pty Ltd (No 3) [2018] FCA 6 Bideena Pty Ltd v Growth Super Fund Pty Ltd [2016] FCA 1440 Calderbank v Calderbank [1975] 3 All ER 333 Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 4) [2024] FCA 419 Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248; 28 IPR 561 Cytel Pty Ltd v Peoplebank Recruitment Pty Ltd (No 2) [2008] FCA 697 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B V (No 5) [2018] FCA 19 Hastie Group Ltd (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd (No 4) [2022] FCA 1575 Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd [2024] FCA 845 Seven Network Ltd v News Ltd [2009] FCAFC 166; 182 FCR 160 Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc [2020] FCA 1649 Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4 Zaghloul v Woodside Energy Ltd (No 9) [2019] FCA 1718