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Telstra Corporation Ltd v Adept Drainage Pty Ltd (No 2)

Telstra Corporation Ltd v Adept Drainage Pty Ltd (No 2)

Case [2011] VCC 1422

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AGLC: Telstra Corporation Ltd v Adept Drainage Pty Ltd (No 2) [2011] VCC 1422
Case: [2011] VCC 1422
Decision Date: 2 December 2011

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Telstra Corporation Ltd v Adept Drainage Pty Ltd (No 2) [2011] VCC 1422

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Cases Cited

Statutory Material Cited

IFTC Broking Services Ltd v Commissioner of Taxation [2010] FCAFC 31
Citation 1

…[16] (2010) 268 ALR 1…
Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40
Citation 2

…r 11(4) (and its counterparts in other jurisdictions) is not of itself a sufficient reason to displace the operation of the rule.”[15] [13] [2009] FCAFC 40, at paragraph [10] [14] (2004) 212 ALR 281, at paragraph [17] [15] See Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd ( op cit ) at paragraph [11]…
Berrigan Shire Council v Ballerini (No 2) [2006] VSCA 65
Citation 3

…ot to accept such offer. It is to be noted that such offers were Calderbank offers and not offers made pursuant to the Rules . [21] [2006] VSCA 65 at paragraphs [15]-[17] [22] [2010] VSC 174 at paragraphs [31]-[32] 36 I do refer to Enerka Apex Belting Pty Ltd v Vickers Systems Pty Ltd (No 2) [23] wherein Habersbe…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298
Citation 4

…t be exercised judicially”. [2] See Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No.2) (2005) 13 VR 435, at paragraph [19], citing with approval the decision of Redlich J in Overseas-Chinese Banking Corporation v Richfield Investments Pty Ltd [2004] VSC at 351 [3] See Hazeldene’s Chicken Farm P…
Hobartville Stud Pty Ltd v Union Insurance Co Ltd [2004] FCA 1600
Citation 5

…no equivalent to Rule 26.08 and in circumstances where the amount of the debt was not in dispute. [19] (1990) 25 NSWLR 353 at 355 [20] (1991) 25 NSWLR 358 at 368 35 Counsel for the defendant also refers to the decisions of Berrigan Shire Council v Ballerini [21] and Southern Region Ltd v Wallington Hardware & Timber…
Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) [2004] FCA 1437
Citation 6

…urisdictions) is not of itself a sufficient reason to displace the operation of the rule.”[15] [13] [2009] FCAFC 40, at paragraph [10] [14] (2004) 212 ALR 281, at paragraph [17] [15] See Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd ( op cit ) at paragraph [11]…
Bartlem Pty Ltd v CMMC Pty Ltd (Receiver and Manager Appointed) [2001] FCA 1352
Citation 7

…ence to all of the circumstances of the case, not by applying a fixed mathematical formula.”[25] [23] [2002] VSC 409 [24] (1992) 27 NSWLR 721 [25] See Maitland Hospital v Fisher (No 2) ( op cit ) at page 725…
Simply Irresistible Pty Ltd v Couper [2011] VSC 33
Citation 8

…of rejection of an offer of compromise under Rule 26 are relevant in determining whether the Court should “otherwise order”. [17] ( op cit ) [18] [2011] VSC 33, a decision of Kyrou J delivered on 17 February 2011 31 For the purposes of this Ruling, I take the view that if the threshold elements of an offer of co…
Charles Blackman v Peter Gant [No 2] [2010] VSC 246
Citation 9

…elivered on 3 June 2010 and Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd (No 2) ,[9] a decision of Croft J delivered on 12 March 2010. [8] [2010] VSC 246 [9] [2010] VSC 70 23 Counsel highlight the division in these two cases as to whether the rejection of an offer of compromise under Order 26 creates a…
Southern Region Ltd v Wallington Hardware and Timber Pty Ltd (No. 2) [2010] VSC 174
Citation 10

…hat such offers were Calderbank offers and not offers made pursuant to the Rules . [21] [2006] VSCA 65 at paragraphs [15]-[17] [22] [2010] VSC 174 at paragraphs [31]-[32] 36 I do refer to Enerka Apex Belting Pty Ltd v Vickers Systems Pty Ltd (No 2) [23] wherein Habersberger J held that an offer of compromise made…
Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd (No 2) [2010] VSC 70
Citation 11

…2010 and Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd (No 2) ,[9] a decision of Croft J delivered on 12 March 2010. [8] [2010] VSC 246 [9] [2010] VSC 70 23 Counsel highlight the division in these two cases as to whether the rejection of an offer of compromise under Order 26 creates a presumption in fa…
Foster v Galea (No 2) [2008] VSC 331
Citation 12

…rbank offer is a matter to which the Court should have regard when considering whether to order indemnity costs.[5] [4] Foster v Galea (No 2) [2008] VSC 331, at paragraph [7] [5] See Hazeldene’s Chicken Farm Pty Ltd ( op cit ) at paragraphs [17] - [20] 21 The principles governing the award of costs in respect of…
Enerka Apex Belting Pty Ltd v Vickers Systems Pty Ltd (No 2) [2002] VSC 409
Citation 13

…e exercised by reference to all of the circumstances of the case, not by applying a fixed mathematical formula.”[25] [23] [2002] VSC 409 [24] (1992) 27 NSWLR 721 [25] See Maitland Hospital v Fisher (No 2) ( op cit ) at page 725…
Telstra Corporation Ltd v Adept Drainage Pty Ltd [2011] VCC 1172
Citation 14

…ant, although accepting it had a liability to pay costs, submitted that such costs should be limited to the normal party-party costs. [1] [2011] VCC 1172 7 It was agreed between the parties that written submissions would be made pursuant to an agreed timetable and accordingly: (a) Counsel for the plaintiff has mad…

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