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Cases Citing This Decision
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Statutory Material Cited
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Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd
[1988] FCA 364
Citation 1
(Para 4)
…In Ugly Tribe Co Pty Ltd v Sikola & Ors [2001] VSC 189 at [7] Harper J said that: In seeking costs on an indemnity basis, the first defendant is asking the Court to depart from its usual course: Spencer v. Dowling . Special circumstances must be present to justify such a departure: Australian Electo…
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Bradbury and Lander (No. 3)
[2019] FamCA 152
Citation 2
(Para 1)
…ffer is just one of the factors to be taken into account as part of the Court’s discretion as to costs: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 per Sheppard J. Mr Unal also seeks costs on the basis that the allegation of fraud was persisted with without reasonable grounds.…
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Piscopo v Not Lawyers
[2008] FCA 1907
Citation 3
(Para 6)
…y upon the principles enunciated by Woodward J in Fountain Selected Meats (Sales) Pty Ltd v International Product Merchants Pty Ltd and Ors (1988) 81 ALR 397 at 401 on the basis that the Plaintiffs have permitted the continuation of this proceeding in circumstances where they should have known, if properly advised,…
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Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 4
(Para 2)
…In Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] 13 VR 435, the Victorian Court of Appeal set out the principles to be considered in the use of Calderbank offers. It said that orders for special costs should only be made in special circumstances.…
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Colgate-Palmolive Company v Cussons Pty Ltd
[1991] APO 20
Citation 5
(Para 1)
…A Calderbank offer is just one of the factors to be taken into account as part of the Court’s discretion as to costs: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 per Sheppard J. Mr Unal also seeks costs on the basis that the allegation of fraud was persisted with without reasonable grounds.…
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Lord Buddha v Harpur (No 2)
[2011] VSC 568
Citation 6
(Para 11)
…In a similar context, Robson J stated in Lord Buddha Pty Ltd v Harpur (No 2) [2011] VSC 568 at [82]: I find that the Calderbank offer made by Forvale to Mr Harpur is not reasonable. It is perhaps unnecessary to state, therefore, that I find that it was not unreasonable for Mr Harpur to reject it. The offer came a…
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Vink v Tuckwell (No 3)
[2008] VSC 316
Citation 7
(Para 5)
…In Vink v Tuckwell (No 3) [2008] VSC 316, Robson J said at [94] that: In my opinion, making allegations of fraud without reasonable grounds is tantamount to making the allegations with little or no regard as to whether the allegations are true or false.…
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Ugly Tribe Co Pty Ltd v Sikola
[2001] VSC 189
Citation 8
(Para 4)
…In Ugly Tribe Co Pty Ltd v Sikola & Ors [2001] VSC 189 at [7] Harper J said that: In seeking costs on an indemnity basis, the first defendant is asking the Court to depart from its usual course: Spencer v. Dowling . Special circumstances must be present to justify such a departure: Australian Electoral Commission…
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Cetinkaya v Unal
[2018] VCC 480
Citation 9
(Para 2)
…d reasons for judgment on 24 April 2018, indicating that I would dismiss the Cetinkayas’ claims and give judgment for Mr Unal: see Cetinkaya v Unal [2018] VCC 480 (the principal reasons). These costs reasons follow from the principal reasons, and should be read in conjunction with them.…