Bertram v Naudi (Costs) [2024] FCA 1444

Federal Court of Australia

Bertram v Naudi (Costs) [2024] FCA 1444 File number(s): SAD 87 of 2021

Judgment of: O'SULLIVAN J

Date of judgment: 13 December 2024

Catchwords: COSTS — application for costs of claim and cross-claim on an indemnity basis — relevant principles — where the applicant commenced proceedings in the Court when a no-cost recovery alternative was available by internal review by Inspector-General — where applicant failed to file a genuine steps statement — where allegations that applicant prosecuted proceedings on no reasonable basis — where applicant refused to accept offers of compromise — exercise of discretion — where the judgment was more favourable than the formal offer of compromise — cross-claimant/respondent awarded party/party and indemnity costs pursuant to FCR 25.14(3)(a) and (b)

Legislation: Bankruptcy Act 1966 (Cth), ss 77A, 90-15 Schedule 2, 139ZA Civil Dispute Resolution Act 2011 (Cth) ss 6, 9, 11 and 12 Evidence Act 1995 (Cth), s 131 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N, 43, 43(2), (3) Federal Court Rules 2011 (Cth), rr 1.61, 25.14, 25.14(2)

Cases cited: ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers' Union of Australia [2020] FCAFC 231; (2020) 282 FCR 174 Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Bertram v Naudi (No 2) [2024] FCA 1239 Calix Limited v Grenof Pty Ltd (No 2) [2023] FCA 832 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd [1988] FCA 364; (1988) 81 ALR 397 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151