Frauenstein v Farinha [2009] FCA 469

Frauenstein v Farinha [2009] FCA 469

It was not unreasonable for either party to reject the settlement offers. Plaintiffs achieved substantial success up to 10 December 2007. Defendants liable to pay plaintiffs' costs up to and including 10 December 2007. Plaintiffs to pay 50% of defendants' costs after 10 December 2007 and costs thrown away by amendments.

Jurisdiction
Australia
Judgment Date
23 March 2009
Procedural Posture
Civil / Post Trial (costs Determination)
Outcome
Costs apportioned: Defendants pay plaintiffs' costs up to and including 10 December 2007; Plaintiffs pay any costs thrown away by amendments; Plaintiffs pay 50% of defendants' costs after 10 December 2007.
Legal Topics
['costs' 'oppressive Conduct' 'fiduciary Duties' 'misleading or Deceptive Conduct']
['corporations Law' 'equity' 'civil Procedure'] ['costs' 'oppressive Conduct' 'fiduciary Duties' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Post Trial (costs Determination)

Legal Issues

  1. 1 ['Whether defendants should pay any part of the costs of the proceeding' 'Whether plaintiffs should bear any of the costs' 'Impact of Calderbank/offers on costs' 'Whether litigation was unnecessarily burdensome' 'Distinction between costs of pleadings and costs of hearing']

Ratio Decidendi

It was not unreasonable for either party to reject the settlement offers. Plaintiffs achieved substantial success up to 10 December 2007. Defendants liable to pay plaintiffs' costs up to and including 10 December 2007. Plaintiffs to pay 50% of defendants' costs after 10 December 2007 and costs thrown away by amendments.

Court Disposition

Costs apportioned: Defendants pay plaintiffs' costs up to and including 10 December 2007; Plaintiffs pay any costs thrown away by amendments; Plaintiffs pay 50% of defendants' costs after 10 December 2007.

Orders

  • ['The Defendants pay the Plaintiffs costs up to and including 10 December 2007.' 'The Plaintiffs pay any costs of the Defendants thrown away by any amendments of the originating process or statement of claim.' "The Plaintiffs pay 50% of the Defendants' costs of the proceeding after 10 December 2007."]