Ponraj v Wycombe Services Pty Ltd (No 2)

FEDERAL COURT OF AUSTRALIA

Ponraj v Wycombe Services Pty Ltd (No 2) [2023] FCA 272

File number(s):

VID 727 of 2020

Judgment of:

MCELWAINE J

Date of judgment:

27 March 2023

Catchwords:

COSTS – whether an order for indemnity costs should be made – where respondent/cross-claimant made offers by Calderbank letters and notice of offer to compromise – where applicant/cross-respondent was unsuccessful in claim and cross-claim – indemnity costs order made pursuant to r 25.14 of the Federal Court Rules 2011 (Cth)

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 43(3)(g), 51A

Federal Court Rules 2011 (Cth) rr 25.14, 39.06, 40.01, 40.02

Cases cited:

Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No2) [2018] FCAFC 112

Calderbank v Calderbank [1975] 3 All ER 333

Coshott v Prentice (No 2) [2018] FCAFC 221

Ponraj v Wycombe Services Pty Ltd [2023] FCA 118 Zibara v Ultra Management (Sports) Pty Ltd [2021] FCAFC 4

Federal Court of Australia, Costs Practice Note (GPN-Costs)

Division:

General Division

Registry:

Victoria

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

10

Date of hearing:

On the papers

Date of last submissions

Respondent: 8 March 2023

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

Ms J Alderson

Solicitor for the Respondent:

Seyfarth Shaw Australia

ORDERS

VID 727 of 2020

BETWEEN:

DHANDAPANI PONRAJ

Applicant

AND:

WYCOMBE SERVICES PTY LTD

First Respondent

CORNERSTONE HEALTH PTY LTD

Second Respondent

AND BETWEEN:

WYCOMBE SERVICES PTY LTD

Cross-Claimant

AND:

DHANDAPANI PONRAJ

Cross-Respondent

ORDER MADE BY:	MCELWAINE J
DATE OF ORDER:	27 MARCH 2023

THE COURT ORDERS THAT:

1.There be judgment for the respondent/cross-claimant against the applicant/cross-respondent in the sum of $615,020.23, comprising judgment of $574,248.58 and interest of $40,771.65 pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth), which judgment carries interest 60 days from the date of this order at the rate prescribed in r 39.06(a) and (b) of the Federal Court Rules 2011 (Cth).

2.The applicant/cross-respondent pay the respondent/cross-claimant’s costs of the claim and cross-claim:

(a)on a party and party basis up to 10.59 am on 1 June 2022 pursuant to r 40.01 of the Federal Court Rules 2011 (Cth); and

(b)on an indemnity basis from 11 am on 1 June 2022, pursuant to r 25.14 of the Federal Court Rules 2011 (Cth).

3.The assessment of the costs orders in order 2 is to be made by way of the lump sum costs procedure pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth).

4.The Registrar of the Court is directed to determine the amount of the respondent/cross-claimant’s costs in such manner as the Registrar deems fit, and shall then make an order for fixing the amount of those costs, which are to be payable within 28 days of such orders.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCELWAINE J:

1. I published my reasons for judgment in this matter on 22 February…