TBHF Pty Ltd v Moves Travel Group Pty Ltd [2011] FCA 1201

TBHF Pty Ltd v Moves Travel Group Pty Ltd [2011] FCA 1201

The applicants' case never rose beyond unsupported assertions, they repeatedly failed to comply with Court orders and attend directions hearings, and they rejected a Calderbank offer after the inadequacies of their hopeless claim were evident. Those circumstances made it proper to award indemnity costs, and the evidence of costs incurred justified a lump sum award of $58,628.60, with the existing $40,000 security applied toward that amount to avoid further taxation costs.

Jurisdiction
Australia
Judgment Date
24 October 2011
Procedural Posture
Costs Determination / Heard on the Papers After Proceeding Dismissed for Want of Prosecution
Outcome
Respondents awarded indemnity costs in a lump sum, with security for costs to be applied and the balance payable by the applicants.
Legal Topics
['indemnity Costs' 'lump Sum Costs' 'security for Costs' 'calderbank Offer' 'want of Prosecution']
['civil Procedure' 'costs'] ['indemnity Costs' 'lump Sum Costs' 'security for Costs' 'calderbank Offer' 'want of Prosecution']

Case Brief

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Procedural Posture

Costs Determination / Heard on the Papers After Proceeding Dismissed for Want of Prosecution

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs on an indemnity basis." "Whether the Court should award a lump sum for the respondents' costs and permit access to security held as a bank guarantee."]

Ratio Decidendi

The applicants' case never rose beyond unsupported assertions, they repeatedly failed to comply with Court orders and attend directions hearings, and they rejected a Calderbank offer after the inadequacies of their hopeless claim were evident. Those circumstances made it proper to award indemnity costs, and the evidence of costs incurred justified a lump sum award of $58,628.60, with the existing $40,000 security applied toward that amount to avoid further taxation costs.

Court Disposition

Respondents awarded indemnity costs in a lump sum, with security for costs to be applied and the balance payable by the applicants.

Orders

  • ["The respondents' solicitors be at liberty to access the $40,000 held in the form of a bank guarantee, and currently in their possession, to apply towards an award of costs of $58,628.60 in favour of the respondents." 'The applicants pay the respondents $18,628.60, being the balance of the award of costs of...