Federal Court of Australia
Federal Court of Australia Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (Costs) [2025] FCA 128 File number:
Judgment of: MARKOVIC J
Date of judgment: 26 February 2025
Catchwords: COSTS – application for costs to be paid on an indemnity basis – application for stay of costs order pending appeal – whether applicant's rejection of a Calderbank offer was unreasonable – where costs awarded on party and party basis – where application for stay refused
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 43 Federal Court Rules 2011 (Cth) rr 36.03, 36.08, 40.02
Amorosi v Robinson (No 2) [2024] VSC 806 Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Australian Securities and Investment Commission v Aviation 3030 Pty Ltd (No 2) [2019] FCA 391 Calderbank v Calderbank [1975] 3 All ER 333 Edwards v Nine Network Australia Pty Limited (No 6) [2024] FCA 758 Cases cited: Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57 Kemp v Ryan [2012] ACTCA 12 McMullin v ICI Australia Operations Pty Ltd (No 6) [1997] FCA 1426 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) (2017) 253 FCR 403 Petrie v Dickson (No 2) [2024] NSWSC 1337 Quach v MLC Limited [2022] FCAFC 202
Division: General Division
Registry: New South Wales
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