Actions
Cases Citing This Decision
0
Statutory Material Cited
0
-
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 1
…Ltd v Victorian WorkCover Authority (No 2) [8] and the test of whether the rejection of the offer was “unreasonable in the circumstances”. [8] (2005) 13 VR 435 20 Factors relied on by Mr Beerens that were said to be relevant to the determination of that question were that the offer was made very early, and that th…
-
Abigroup Ltd v Sandtara Pty Ltd
[2002] NSWCA 45
Citation 2
…nses” in the opening words of the Guarantee and Indemnity relied on by Bluescope. I adopt it. [5] (supra) at paragraph [39] [6] [2002] NSWCA 45 [7] [1999] FCA 444 11 The second factor emphasised in Taree v Bob Jane Corporation was that if a party intends to claim costs on other than a party and party basis it shou…
-
Leda Holdings Pty Ltd v Oraka Pty Ltd
[1999] FCA 444
Citation 3
…words of the Guarantee and Indemnity relied on by Bluescope. I adopt it. [5] (supra) at paragraph [39] [6] [2002] NSWCA 45 [7] [1999] FCA 444 11 The second factor emphasised in Taree v Bob Jane Corporation was that if a party intends to claim costs on other than a party and party basis it should do so in the ple…
-
Roads Corporation v Love (No 2)
[2010] VSC 154
Citation 4
…nt of litigation, or that it was not stated that if rejected, Mr Beerens would make an application for costs: Roads Corporation v Love .[9] [9] [2010] VSC 154 at paragraph 57-58 21 Bluescope accepted that the Court could take into account the offer of settlement, but argued that it did not take the form of a Cald…
-
Taree Pty Ltd v Bob Jane Corporation Pty Ltd
[2008] VSC 228
Citation 5
…se “all expenses and legal costs” in clause 13 and the words “costs, expense” in the opening words of the Guarantee and Indemnity mean? [4] [2008] VSC 228 10 Authorities suggest that the Court retains its discretion in respect of costs, but that when a contractual provision is relied on it must be “plainly and un…
-
Kent v Wilson
[2008] VSC 98
Citation 6
…8 This decision was referred to with apparent approval by the Supreme Court of Victoria in St George Bank Ltd v Irani. [3] [3] [2008] VSC 98, affirmed on appeal (2008) 22 VR 135 9 The authorities were discussed in detail by Vickery J in Taree Pty Ltd v Bob Jane Corporation Pty Ltd [4] . His Honour’s reasoning le…
-
Nolan v Nolan
[2003] VSC 136
Citation 7
…nary, and stated by reference to earlier authority that the question was “whether the party was acting reasonably in the circumstances”.[12] [11] [2003] VSC 136 [12] applying MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163 35 In Meadow Gem Pty Ltd v ANZ Executors & Trustees [13] Byrne J, accepting…
-
R & L Bell Pty Ltd v Casboult
[2003] VSC 169
Citation 8
…10] Mr Beerens, in reply, raised the possibility of granting a further security to provide Bluescope with a new caveatable interest. [10] See R & L Bell Pty Ltd v Casboult (2003) 6 VR 271 23 In respect of the discretionary factors identified in Hazeldene Chicken Farm Case , Bluescope argued that the offer was made before any of the is…
-
MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3)
[2000] VSC 163
Citation 9
…ther the party was acting reasonably in the circumstances”.[12] [11] [2003] VSC 136 [12] applying MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163 35 In Meadow Gem Pty Ltd v ANZ Executors & Trustees [13] Byrne J, accepting that the Court had a discretion, held that prima facie , the disputing party…