BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No 2) [2019] FCA 2072

BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No 2) [2019] FCA 2072

The plaintiffs were successful, made a compliant offer to compromise that was not accepted, and obtained judgment more favourable than the offer, entitling them to indemnity costs from 11 May 2018. The defendants' obstructive conduct throughout the proceeding, including failures to comply with directions and attempts to obfuscate and delay despite no viable defence, justified the exercise of discretion to award indemnity costs for the entire proceeding.

Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Costs Application / Post Judgment Determination of Costs
Outcome
Application granted; defendants ordered to pay the plaintiffs' costs on the indemnity basis.
Legal Topics
['indemnity Costs' 'offer to Compromise' 'misconduct in Proceeding' 'costs Discretion']
['costs' 'federal Civil Procedure'] ['indemnity Costs' 'offer to Compromise' 'misconduct in Proceeding' 'costs Discretion']

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Procedural Posture

Costs Application / Post Judgment Determination of Costs

Legal Issues

  1. 1 ['Whether the plaintiffs were entitled to indemnity costs after the defendants failed to accept an offer to compromise under Part 25 of the Federal Court Rules 2011 (Cth).' "Whether the defendants' conduct in the proceeding justified indemnity costs for the whole proceeding, including the period before 11 May 2018."]

Ratio Decidendi

The plaintiffs were successful, made a compliant offer to compromise that was not accepted, and obtained judgment more favourable than the offer, entitling them to indemnity costs from 11 May 2018. The defendants' obstructive conduct throughout the proceeding, including failures to comply with directions and attempts to obfuscate and delay despite no viable defence, justified the exercise of discretion to award indemnity costs for the entire proceeding.

Court Disposition

Application granted; defendants ordered to pay the plaintiffs' costs on the indemnity basis.

Orders

  • ["The defendants pay the plaintiffs' costs of the proceeding on the indemnity basis, to be assessed if not agreed."]