FEDERAL COURT OF AUSTRALIA
McDonald v Parnell Laboratories (Aust) (No 2) [2007] FCA 2086
COSTS – Indemnity costs – applicant failed altogether after refusing an offer of compromise – circumstances not within O23 r 11 of the Federal Court Rules – test to be applied - claims made under the Workplace Relations Act 1996 (Cth) – whether there are consequent restrictions on the power to award costs
WORDS AND PHRASES – Unreasonable – plainly unreasonable – imprudent – without reasonable cause
Federal Court of Australia Act 1976 (Cth )
Federal Court Rules O 23 r 11, O 23 r 11(5)
Federal Magistrates Court Rules 2001
Sex Discrimination Act 1984 (Cth)
Workplace Relations Act 1996 (Cth) s 236(4), s 253, s 255, s 643, s 650(2), s 651, s 659, s 659(2)(f), s 663, s 663(5), s 666, s 666(1), s 674, s 824, s 824(1), s 824(2), s 824(3)
Workplace Relations Amendment (Work Choices) Act 2005 (Cth)APF Properties Pty Ltd v Kestrel Holdings Pty Ltd (No 3) [2007] FCA 2016
Bahonko v Sterjov [2007] FCA 1341
Berowra Holdings Pty Limited v Gordon (2006) 225 CLR 364
Black v Lipovac (1998) 217 ALR 386
Coshott v Learoyd [1999] FCA 276
Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1
Goldman Sachs JB Were Services Pty Limited v Nikolich [2007] FCAFC 120
Josephson v Walker (1914) 18 CLR 691
Macteldir Pty Ltd v Dimovski (2005) 226 ALR 773
Maritime Union of Australia v Geraldton Port Authority (No 2) [2000] FCA 16; 94 IR 404
McDonald v Parnell Laboratories (Aust) [2007] FCA 1903
Seven Network (Operations) Ltd v Media Entertainment and Arts Alliance (2004) 148 FCR 145
Seven Network Limited v News Limited [2007] FCA 1489
Smolle v Australia & New Zealand Banking Group Limited (No 2) [2007] FCA 1967DEMETRIUS IRENE MCDONALD v PARNELL LABORATORIES (AUST) PTY LIMITED AND ALAN BELL
NSD 1615 OF 2007BUCHANAN J
21 DECEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1615 OF 2007
BETWEEN:
DEMETRIUS IRENE MCDONALD
ApplicantAND:
PARNELL LABORATORIES (AUST) PTY LIMITED
First RespondentALAN BELL
Second Respondent
JUDGE:
BUCHANAN J
DATE OF ORDER:
21 DECEMBER 2007
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The applicant pay the respondents’ costs up to and including 6 August 2007 in accordance with Schedule 1 of the Federal Magistrates Court Rules 2001.
2.The applicant pay the respondents’ costs from 7 August 2007 to the date of this judgment on an indemnity basis, such costs to be taxed in accordance with O 62 of the Federal Court Rules, if not agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1615 OF 2007
BETWEEN:
DEMETRIUS IRENE MCDONALD
ApplicantAND:
PARNELL LABORATORIES (AUST) PTY LIMITED
First RespondentALAN BELL
Second Respondent
JUDGE:
BUCHANAN J
DATE:
21 DECEMBER 2007
PLACE:
SYDNEY
REASONS FOR JUDGMENT
BUCHANAN J:
On 7…
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- Case
- [2007] FCA 2086
- Decision Date
CaseChat Overview and Summary
The court considered whether the applicant had established that he had suffered loss or damage as a result of the drug, and whether he had standing to bring the action on behalf of the class. The court held that the applicant had standing to bring the action on behalf of the class, but that he had failed to establish that he had suffered any loss or damage as a result of taking the drug. The court further held that the applicant's claim for damages was statute-barred.
The court ordered that the applicant pay the respondents' costs up to and including 6 August 2007 in accordance with Schedule 1 of the Federal Magistrates Court Rules 2001. The court further ordered that the applicant pay the respondents' costs from 7 August 2007 to the date of this judgment on an indemnity basis, such costs to be taxed in accordance with O 62 of the Federal Court Rules, if not agreed.
Orders
Orders of the court
1. The applicant pay the respondents’ costs up to and including 6 August 2007 in accordance with Schedule 1 of the Federal Magistrates Court Rules 2001.
2. The applicant pay the respondents’ costs from 7 August 2007 to the date of this judgment on an indemnity basis, such costs to be taxed in accordance with O 62 of the Federal Court Rules, if not agreed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: BUCHANAN J
Full text does not contain this section.