NBIF v Minister for Immigration
[2006] FMCA 182
Citation 1
…narrowly construed. His Honour referred to McHugh J’s dissenting judgment in Oshlack v Richmond River Council (1998) 193 CLR 72 at 104-105, where he commented that: “Legislatures have in many instances found reason to depart from the traditional costs formula by enacting specific legislation varying the incidence an…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 2
…offer. 24 Reliance was placed by counsel for the defendant on Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No.2) (2005) 13 VR 435, at 440 and following, where the relevant principles were set out in relation to the construction and application of “ Calderbank offers”. 25 Firstly, a court has to…
Oshlack v Richmond River Council
[1998] HCA 11
Citation 3
…s to costs should be strictly or narrowly construed. His Honour referred to McHugh J’s dissenting judgment in Oshlack v Richmond River Council (1998) 193 CLR 72 at 104-105, where he commented that: “Legislatures have in many instances found reason to depart from the traditional costs formula by enacting specific legislation varying the i…
O'Neill v T D Williamson (No 2)
[2008] VSC 430
Citation 4
…on in relation to costs. Reliance was placed upon the decision of Cavanough J, in O’Neill v T D Williamson (No.2) [2008] VSC 430, where His Honour rejected a submission that the costs rules in s.134AB(28) of the Act covered the field in serious injury applications, prohibiting a court from making a costs order on…
Metcalfe v Commonwealth of Australia (No 2)
[2006] VSC 133
Citation 5
…rocedure does not deny the availability of the Calderbank offer procedure: see Metcalf v Commonwealth of Australia (No.2) [2006] VSC 133, per Ashley J, at paras 20 to 21, and see also Williams , ‘Civil Procedure in Victoria’, Vol. 126.01.75, at page 3583, citations omitted. 11 Counsel for the defendant then submi…