Hera Project Pty Ltd v Bisognin [No 7]

Hera Project Pty Ltd initiated proceedings against Bisognin in the Supreme Court of Victoria. The dispute centred on the interpretation and application of a settlement agreement between the parties, as well as allegations of non-disclosure of relevant documents during earlier proceedings. The court was tasked with determining the appropriate costs order in light of the parties' conduct, including the failure to disclose certain documents and the 'high-handed' behaviour exhibited by Hera Project.

The legal issues before the court encompassed the principles governing offers of compromise and the consequences of non-disclosure of relevant documents. The court was required to assess whether the failure to disclose documents amounted to a significant breach warranting indemnity costs and whether Hera Project's conduct justified the imposition of such costs. In this context, the court considered the authority of National Australia Bank Ltd v Petit-Breuilh (No 2) [1999] VSC 395, which outlines the circumstances under which indemnity costs may be awarded.

The court found that the non-disclosure of relevant documents was a significant breach, and Hera Project's conduct was deemed 'high-handed'. The court concluded that the failure to disclose the documents in the earlier proceeding, coupled with the conduct of Hera Project, warranted the imposition of indemnity costs. Accordingly, the court ordered Hera Project to pay the costs of Bisognin on an indemnity basis. This decision underscores the importance of full disclosure and proper conduct in litigation, particularly in cases involving settlement agreements and offers of compromise.