Federal Court of Australia
Federal Court of Australia
Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 4) [2024] FCA 1347 File number(s): NSD 1285 of 2020
Judgment of: GOODMAN J
Date of judgment: 25 November 2024
Catchwords: COSTS – application for indemnity costs based upon an offer of compromise and Calderbank v Calderbank offers – whether non-acceptance of the offers was unreasonable – where the Court unable to assess the reasonableness of the non-acceptance of the offers by reason of the offers requiring the provision of mutual releases over indeterminate claims and liabilities – application for indemnity costs dismissed
Legislation: Federal Court Rules 2011 (Cth), rr 25.01, 25.14, Sch 1 definition of "applicant" and "respondent"
Cases cited: Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171 Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) [2017] FCA 94; (2017) 123 IPR 30 Brooke and Mackenzie Pty Ltd (ACN 084 285 736) v El-Gra Engineering Pty Ltd (ACN 097 406 105) [2015] FCA 1495; (2015) 331 ALR 535 Nitin Pandey Pty Ltd v Curtin Chambers Pty Ltd, in the matter of Curtin Chambers Pty Ltd (No 2) [2023] FCA 1286 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 25
Date of last submission/s: 21 November 2024 (affidavit explaining interest calculation)
Date of hearing: Determined on the papers
Counsel for the Cross-Claimant: Mr D Allen
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