Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 3)
[2011] FCA 725
Para 12
…oup Pty Ltd (ACN 100 863 036) (in liq) and Another v Lenny’s Commercial Kitchens Pty Ltd (ACN 009 044 295) and Another (No 3) (2011) 278 ALR 754; [2011] FCA 725 at [38] – [41).…
Noble v Baldwin
[2011] FMCA 283
Para 2
…f compensation for unlawful discrimination pursuant to s.46PO(4) of the Australian Human Rights Commission Act 1986 (Cth) (see Noble v Baldwin & Anor [2011] FMCA 283). The parties subsequently filed written submissions in relation to costs. Each sought costs orders. For the reasons that follow I am satisfied that…
Facton Ltd v Seo
[2011] FCA 344
Para 10
…stances which existed at the time the offer was rejected (see Facton Ltd (formerly known as G-Star Raw Denim KFT) and Others v Seo (2011) 91 IPR 135; [2011] FCA 344 at [55], and cases cited therein).…
University of Western Australia v Gray
[2010] HCATrans 11
Para 2
…First, there is no suggestion that any offer of compromise was made by any party pursuant to Order 23 of the Federal Court Rules (as then in force). Order 23 was applicable in the proceedings in this court by virtue of Part 2 of Schedule 3 to the Federal Magistrates Court Rules. However it is not a …
Racing New South Wales v Betfair Pty Limited (No 2)
[2009] FCAFC 158
Para 9
…characterisation, I have borne in mind that, as the Full Court of the Federal Court suggested in Racing New South Wales v Betfair Pty Limited (No 2) [2009] FCAFC 158 at [6]: Determining degrees of relative success in order to give effect to the compensatory purpose of an order for costs inevitably involves matters…
Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd
[2009] FCAFC 40
Para 11
…y seeking indemnity costs to demonstrate that the other party’s refusal of the Calderbank offer was unreasonable: Black v Lipovac [1998] FCA 699; (1998) 217 ALR 386, 432; Maniotis v JH Lever & Co Pty Ltd (No 2) [2006] FCAFC 28. It is not sufficient that the offer was a reasonable one: Alpine Hardwoods (Aust) Pty Ltd…
CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Ltd
[2008] FCAFC 173
Para 3
…y’s refusal of the Calderbank offer was unreasonable (see CGU Insurance Limited v Corrections Corporation of Australia Staff Superannuation Pty Ltd [2008] FCAFC 173 at [75]).…
Lawrance v Cth of Aust & Ors and Lawrance v AAT & Ors
[2008] FMCA 1340
Para 8
…ralian Municipal, Administrative, Clerical & Services Union [2004] FCA 1600 at [10] (also see Lawrance v Cth of Aust & Ors and Lawrance v AAT & Ors [2008] FMCA 1340 at [553] – [562]), albeit I recognise that in one sense all human rights proceedings may be seen as containing some element of public interest, having…
University of Western Australia v Gray (No 21)
[2008] FCA 1056
Para 2
…f Schedule 3 to the Federal Magistrates Court Rules. However it is not a code (see University of Western Australia v Gray (No 21) (2008) 249 ALR 360; [2008] FCA 1056 at [31]). It does not exclude the parties from being able to rely upon an offer made in accordance with the principles in Calderbank v Calderbank .…
Dais Studio Pty Ltd v Bullet Creative Pty Ltd
[2008] FCA 42
Para 11
…pine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224; (2002) 190 ALR 121, 128 [35]; Dais Studio Pty Ltd v Bullet Creative Pty Ltd [2008] FCA 42, [11]. In considering this question in a particular case, the matter of unreasonableness will be judged by reference to the circumstances facing the offe…
Iliff v Sterling Commerce (Australia) Pty Ltd (No.2)
[2008] FMCA 38
Para 11
…d the opportunity to further amend her points of claim (see Alpine Hardwood at [31] – [37] and Iliff v Sterling Commerce (Australia) Pty Ltd (No.2) [2008] FMCA 38).…
Seven Network Ltd v News Ltd
[2007] FCA 1489
Para 5
…e regard (see Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 at [7] and Seven Network Ltd and Another v News Ltd and Others (2007) 244 ALR 374; [2007] FCA 1489 at [66]). As Giles JA stated in SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 at [37]: All the circumstances must be con…
Maniotis v JH Lever & Co Pty Ltd (No 2)
[2006] FCAFC 28
Para 11
…efusal of the Calderbank offer was unreasonable: Black v Lipovac [1998] FCA 699; (1998) 217 ALR 386, 432; Maniotis v JH Lever & Co Pty Ltd (No 2) [2006] FCAFC 28. It is not sufficient that the offer was a reasonable one: Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224; (2002) 190 ALR 121, 12…
Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No 2)
[2005] FCA 1400
Para 10
…order in this matter, as Crennan J pointed out in Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No 2) (2005) 225 ALR 569; [2005] FCA 1400, it is “ an appropriate exercise of the Court’s discretion to deprive a party of its costs in respect of an issue which it lost at trial ” (see Dias at [3] and c…
Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd
[2005] FCA 1297
Para 10
…Ms Noble made a number of unsuccessful claims that raised “ separate and distinct issue [s]” (see Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 per Goldberg J at [54]). While a simple comparison of the “ number ” of claims she succeeded in is unlikely to expose the re…
Seven Network Ltd v News Ltd
[2005] FCAFC 125
Para 5
…ch the court may have regard (see Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 at [7] and Seven Network Ltd and Another v News Ltd and Others (2007) 244 ALR 374; [2007] FCA 1489 at [66]). As Giles JA stated in SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 at [37]: All the circumst…
Hobartville Stud Pty Ltd v Union Insurance Co Ltd
[2004] FCA 1600
Para 8
…ld be described as a test case in the sense considered by Crennan J in Jacomb v The Australian Municipal, Administrative, Clerical & Services Union [2004] FCA 1600 at [10] (also see Lawrance v Cth of Aust & Ors and Lawrance v AAT & Ors [2008] FMCA 1340 at [553] – [562]), albeit I recognise that in one sense all hu…
Manly Council v Bryne (No 2)
[2004] NSWCA 227
Para 1
…ame as the damages ultimately awarded to the applicant (see Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721, and Manly Council v Byrne (No 2) [2004] NSWCA 227) it was apparent at that time that the applicant intended to claim more than the loss of income quantified in the original application. The grounds of…
Fetherston v Peninsula Health (No. 2)
[2004] FCA 594
Para 5
…ceedings. In the absence of such provisions, the usual principles as to costs apply (see Fetherston v Peninsula Health and Others (2004) 137 FCR 262; [2004] FCA 594 at [9] per Heerey J).…
Purvis v New South Wales
[2003] HCA 62
Para 7
…h per Heerey J) and the High Court (see Purvis v State of New South Wales (Department of Education and Training) and Another (2003) 217 CLR 92; [2003] HCA 62).…
Minns v State of NSW (No 2)
[2002] FMCA 197
Para 8
…rights of action and this case does not raise any issue of public importance, other than as mere precedent value (see Minns v State of NSW (No.2) [2002] FMCA 197) and cf. Oshlack v Richmond River Council at [49], [70] and [136]). In particular, the case in relation to the claims in which the applicant was unsucces…
Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2)
[2002] FCA 224
Para 11
…Pty Ltd (No 2) [2006] FCAFC 28. It is not sufficient that the offer was a reasonable one: Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224; (2002) 190 ALR 121, 128 [35]; Dais Studio Pty Ltd v Bullet Creative Pty Ltd [2008] FCA 42, [11]. In considering this question in a particular case, the…
Ruddock v Vadarlis (No 2)
[2001] FCA 1865
Para 7
…enefit of that success as well as the need to discourage unmeritorious claims. In Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Black CJ and French J pointed out at [9] that the court’s discretion in relation to costs “ must be exercised judicially and not against the successf…
Bartlem Pty Ltd v CMMC Pty Ltd (Receiver and Manager Appointed)
[2001] FCA 1352
Para 1
…ic or genuine offer of compromise because it was the same as the damages ultimately awarded to the applicant (see Maitland Hospital v Fisher [No 2] (1992) 27 NSWLR 721, and Manly Council v Byrne (No 2) [2004] NSWCA 227) it was apparent at that time that the applicant intended to claim more than the loss of income quan…
SMEC Testing Services Pty Ltd v Campbelltown City Council
[2000] NSWCA 323
Para 5
…r v News Ltd and Others (2007) 244 ALR 374; [2007] FCA 1489 at [66]). As Giles JA stated in SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 at [37]: All the circumstances must be considered, and while the policy informing the regard had to a Calderbank letter is promotion of settlement of…
Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2)
[2000] FCA 602
Para 10
…number of unsuccessful claims that raised “ separate and distinct issue [s]” (see Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 per Goldberg J at [54]). While a simple comparison of the “ number ” of claims she succeeded in is unlikely to expose the real degree of her success “ or…
Black v Lipovac
[1998] FCA 699
Para 11
…ary for the party seeking indemnity costs to demonstrate that the other party’s refusal of the Calderbank offer was unreasonable: Black v Lipovac [1998] FCA 699; (1998) 217 ALR 386, 432; Maniotis v JH Lever & Co Pty Ltd (No 2) [2006] FCAFC 28. It is not sufficient that the offer was a reasonable one: Alpine Hardw…
Oshlack v Richmond River Council
[1998] HCA 11
Para 1
…vided such discretion is exercised judicially and in the context of the relevant court rules (see Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 at [65] per McHugh J).…
Cachia v Hanes
[1994] HCA 14
Para 2
…er v Graeme Phillips Road Transport Insurance Pty Ltd and Another (1986) 10 FCR 177; [1986] FCA 85 and Cachia v Hanes and Another (1994) 179 CLR 403; [1994] HCA 14).…
Hughes v Western Australian Cricket Association (inc)
[1986] FCA 465
Para 4
…Relevantly, in Hughes v Western Australian Cricket Association Inc & Ors (1986) ATPR 40-748; [1986] FCA 382 at [9] Toohey J stated: 1. Ordinarily, costs follow the event and a successful litigant receives his costs in the absence of special circumstances justifying some other order. Ritter v Godfrey (1920) 2 KB 47. 2. Where a litigant has succeeded only upon a p…
Hughes v Western Australian Cricket Association (Inc)
[1986] FCA 382
Para 4
…Relevantly, in Hughes v Western Australian Cricket Association Inc & Ors (1986) ATPR 40-748; [1986] FCA 382 at [9] Toohey J stated: 1. Ordinarily, costs follow the event and a successful litigant receives his costs in the absence of special circumstances justifying some other order. Ritter v Godfrey (1920) 2 KB 4…
Aboriginal Sacred Sites Protection Authority v Maurice
[1986] FCA 85
Para 2
…such a basis (cf Australian Transport Insurance Pty Ltd and Another v Graeme Phillips Road Transport Insurance Pty Ltd and Another (1986) 10 FCR 177; [1986] FCA 85 and Cachia v Hanes and Another (1994) 179 CLR 403; [1994] HCA 14).…
Ritter v Godfrey
[1922] HCA 62
Para 4
…s follow the event and a successful litigant receives his costs in the absence of special circumstances justifying some other order. Ritter v Godfrey (1920) 2 KB 47. 2. Where a litigant has succeeded only upon a portion of his claim, the circumstances may make it reasonable that he bear the expense of litigating…
[2003] FMCA 262
[2003] FMCA 262
Para 9
…applicant’s rejection of this offer was unreasonable. Reliance was placed on the remarks by Driver FM in Forbes v Commonwealth of Australia (No.2) [2003] FMCA 262 at [6]. His Honour cited Calderbank as authority for the proposition that indemnity costs are available where offers of settlement have been made at an…
[1975] 3 WLR 586
[1975] 3 WLR 586
Para 4
…o settle Ms Noble’s claim (on 27 March 2009 and 18 December 2009) in accordance with the principles in Calderbank v Calderbank [1975] 1 All ER 333; [1975] 3 WLR 586. It was acknowledged that the general rule is that costs follow the event but submitted that there was reason to depart from this general rule. It was…
Forster v Farquhar
(1893) 1 QB 564
Para 4
…his claim, the circumstances may make it reasonable that he bear the expense of litigating that portion upon which he has failed. Forster v Farquhar (1893) 1 QB 564. 3. A successful party who has failed on certain issues may not only be deprived of the costs of those issues but may be ordered as well to pay the o…
Cretazzo v Lombardi
(1995) 13 SASR 4
Para 4
…s sense, “issue” does not mean a precise issue in the technical pleading sense but any disputed question of fact or of law. Cretazzo v Lombardi (1975) 13 SASR 4 at 12.…
Dukemaster Pty Ltd v Bluehive Pty Ltd
[2003] FCAFC 1
Para 5
…rson who fails thereafter to receive a better outcome is but one factor to which the court may have regard (see Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 at [7] and Seven Network Ltd and Another v News Ltd and Others (2007) 244 ALR 374; [2007] FCA 1489 at [66]). As Giles JA stated in SMEC Testing Servi…