Mikaelian v Commonwealth Scientific & Industrial Research Organisation [1999] FCA 541

Mikaelian v Commonwealth Scientific & Industrial Research Organisation [1999] FCA 541

Given the very low offers relative to the inflated claim, credibility issues, conduct by respondent in breach of s 52 Trade Practices Act, and no evidence that rejection was unreasonable, it is unjust to make any order for indemnity costs or depart from the ordinary rule; thus, no order as to costs.

Jurisdiction
Australia
Judgment Date
31 May 1999
Procedural Posture
Civil / Post Judgment (costs Decision)
Outcome
No order as to costs.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs' 'misleading or Deceptive Conduct']
['civil Procedure' 'trade Practices'] ['costs' 'offer of Compromise' 'indemnity Costs' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs Decision)

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded on the basis of rejected offers of compromise' 'Effect of breach of s 52 of the Trade Practices Act 1975 on costs orders']

Ratio Decidendi

Given the very low offers relative to the inflated claim, credibility issues, conduct by respondent in breach of s 52 Trade Practices Act, and no evidence that rejection was unreasonable, it is unjust to make any order for indemnity costs or depart from the ordinary rule; thus, no order as to costs.

Court Disposition

No order as to costs.

Orders

  • ['No order as to costs.']