Visible Results Properties Inc v Sushi Train (Australia) Pty Limited [2007] FCA 514

Visible Results Properties Inc v Sushi Train (Australia) Pty Limited [2007] FCA 514

No sufficient compromise within respondent’s offers to justify indemnity costs; party/party basis is appropriate. Costs orders should be made according to the process filed.

Parties
Applicant/cross Respondent: Visible Results Properties; Applicant/cross Respondent: Visible Results Australia Pty Limited; Applicant/cross Respondent: Visible Results Asia Pacific Limited; Respondent/cross Claimant: Sushi Train (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
16 April 2007
Procedural Posture
Application and Cross Claim / Costs Determination Following Judgment
Outcome
Costs order (party/party basis)
Legal Topics
Costs, Offers to Settle
Civil Procedure Costs Offers to Settle

Case Brief

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Parties

Visible Results Properties

Applicant/cross Respondent

Visible Results Australia Pty Limited

Applicant/cross Respondent

Visible Results Asia Pacific Limited

Applicant/cross Respondent

Sushi Train (Australia) Pty Limited

Respondent/cross Claimant

Procedural Posture

Application and Cross Claim / Costs Determination Following Judgment

Legal Issues

  1. 1 Appropriate basis for awarding costs
  2. 2 Effect of offers to settle on costs orders

Ratio Decidendi

No sufficient compromise within respondent’s offers to justify indemnity costs; party/party basis is appropriate. Costs orders should be made according to the process filed.

Court Disposition

Costs order (party/party basis)

Orders

  • The applicants pay the respondent's costs of the application.
  • The cross-claimant pay the cross-respondent's costs of the cross-claim.