Perricoota Boat Club Investments Pty Limited v Anthony Rupert Watson

The Full Court of the Federal Court of Australia heard an appeal by Perricoota Boat Club Investments Pty Limited (PBC) against Anthony Rupert Watson (Watson), a case that revolved around the club's attempts to reclaim property and enforce a mortgage. The Federal Court had previously held that Watson was a necessary party to the proceedings, a decision that he appealed. PBC, in turn, appealed the costs order made by the trial judge. The Full Court was required to determine whether the trial judge's order for Watson to pay PBC's indemnity costs was appropriate, given the circumstances of the case.

The court considered whether the trial judge had the discretion to order Watson to pay indemnity costs to PBC and whether such an order was just and equitable. The Full Court noted that the trial judge had made a Sanderson order, which required Watson to pay PBC's costs of the appeal. The court also considered that Watson had not made a formal offer of settlement through a Calderbank letter. However, the Full Court held that the trial judge did have the discretion to order indemnity costs and that the order was just and equitable, given that Watson had not made a genuine attempt to settle the dispute.

The Full Court held that the trial judge had the discretion to order Watson to pay PBC's indemnity costs and that the order was just and equitable. The court noted that Watson had not made a formal offer of settlement through a Calderbank letter and had not taken any steps to resolve the dispute. The Full Court also held that the trial judge's order for Watson to pay PBC's costs of the appeal was appropriate, given that Watson had not made a genuine attempt to settle the dispute. The appeal was dismissed, and Watson was ordered to pay PBC's costs of the appeal.