Marks, Michael & Ors v GIO Australia Holdings Ltd & Ors [1996] FCA 414

Marks, Michael & Ors v GIO Australia Holdings Ltd & Ors [1996] FCA 414

Respondents' refusal of a reasonable settlement offer on 7 February 1995 was imprudent and warrants indemnity costs from that date onward; up to that date, costs to applicants on party and party basis as successful parties.

Jurisdiction
Australia
Judgment Date
13 May 1996
Procedural Posture
Group/class Action / Post Judgment (costs Determination)
Outcome
Costs awarded to applicants; respondent's application for costs dismissed.
Legal Topics
['indemnity Costs' 'party and Party Costs' 'representative Proceedings' 'misleading and Deceptive Conduct' 'settlement Negotiations' 'federal Court Discretion']
['civil Procedure' 'costs Law' 'consumer Protection' 'contract'] ['indemnity Costs' 'party and Party Costs' 'representative Proceedings' 'misleading and Deceptive Conduct' 'settlement Negotiations' 'federal Court Discretion']

Case Brief

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Procedural Posture

Group/class Action / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether the applicants are entitled to indemnity costs' 'Whether respondents should recover costs for amendments and procedural steps' 'Admissibility of without prejudice settlement communications for costs determination' 'Effect of representative action provisions on costs']

Ratio Decidendi

Respondents' refusal of a reasonable settlement offer on 7 February 1995 was imprudent and warrants indemnity costs from that date onward; up to that date, costs to applicants on party and party basis as successful parties.

Court Disposition

Costs awarded to applicants; respondent's application for costs dismissed.

Orders

  • ["Respondents to pay applicants' costs, including reserved costs, up to 7 February 1995 on a party and party basis." "Respondents to pay applicants' costs, including reserved costs, after 7 February 1995 on an indemnity basis."]