Federal Court of Australia
Federal Court of Australia
AEI Insurance Group Pty Ltd v Martin (No 5) [2024] FCA 1231 File number(s): NSD 950 of 2022
Judgment of: THAWLEY J
Date of judgment: 22 October 2024
Catchwords: COSTS – application for indemnity costs where applicant made Calderbank offer – whether it was unreasonable for the respondent to have rejected the offer – the respondent's rejection of the offer was unreasonable – indemnity costs ordered
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 39.05, 40.02
Cases cited: AEI Insurance Pty Ltd v Martin (No 4) [2024] FCA 1110 Calderbank v Calderbank [1975] 3 All ER 333 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 14
Date of last submissions: 18 October 2024
Date of hearing: Application determined on the papers
Counsel for the Applicant: Mr A Davis
Solicitor for the Applicant: Chamberlains
Solicitor for the Respondent: Horton Rhodes
ORDERS NSD 950 of 2022
BETWEEN: AEI INSURANCE GROUP PTY LTD (ACN 123 670 002) Applicant
AND: CRAIG MARTIN Respondent
order made by: THAWLEY J DATE OF ORDER: 22 OCTOBER 2024
THE COURT ORDERS THAT:
1. Order 2 of the orders made on 24 September 2024 be varied pursuant to rules 39.05 and 40.02 of the Federal Court Rules 2011 (Cth), as follows: (a) the respondent pay the applicant's costs of the proceedings on the ordinary basis as agreed or assessed until 28 August 2024; (b) the respondent pay the applicant's costs of the proceedings on an indemnity basis from 29 August 2024, including the costs of the interlocutory application the subject of the reasons for these orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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