Pipinias v Newport Quays Stage 2A Pty Ltd [2009] FCA 1452

Pipinias v Newport Quays Stage 2A Pty Ltd [2009] FCA 1452

The applicant should pay the fifth respondent’s costs on a party and party basis up to the date he rejected a Calderbank offer, and on an indemnity basis thereafter, because the applicant continued proceedings when there was no reasonable basis, and rejected an offer more favourable than the result obtained.

Parties
Applicant/cross Respondent: Manual Pipinias; First Respondent/cross Claimant/cross Respondent: Newport Quays Stage 2A Pty Ltd ACN 117 374 222; Second Respondent/cross Claimant/cross Respondent: MC Marina South Ltd ACN 121 362 301; Third Respondent/cross Claimant/cross Respondent: Maxwell Barber; Fourth Respondent/cross Claimant/cross Respondent: Travis Barber; Fifth Respondent/cross Claimant: Larissa Barber; Cross Claimant/cross Respondent: Urban Construct Project Marketing Pty Ltd ACN 095 779 669; Cross Respondent: Urban Construct Pty Ltd
Jurisdiction
Australia
Judgment Date
03 December 2009
Procedural Posture
Civil / Costs and Discontinuance Following Partial Settlement and Trial Opening
Outcome
Applicant’s claim against first to fourth respondents dismissed; applicant given leave to discontinue against fifth respondent; cross-claims and costs orders made as specified.
Legal Topics
Misrepresentation, Costs, Discontinuance, Indemnity Costs
Contract Trade Practices Misrepresentation Costs Discontinuance Indemnity Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Manual Pipinias

Applicant/cross Respondent

Newport Quays Stage 2A Pty Ltd ACN 117 374 222

First Respondent/cross Claimant/cross Respondent

MC Marina South Ltd ACN 121 362 301

Second Respondent/cross Claimant/cross Respondent

Maxwell Barber

Third Respondent/cross Claimant/cross Respondent

Travis Barber

Fourth Respondent/cross Claimant/cross Respondent

Larissa Barber

Fifth Respondent/cross Claimant

Urban Construct Project Marketing Pty Ltd ACN 095 779 669

Cross Claimant/cross Respondent

Urban Construct Pty Ltd

Cross Respondent

Procedural Posture

Civil / Costs and Discontinuance Following Partial Settlement and Trial Opening

Legal Issues

  1. 1 Whether the applicant should pay the fifth respondent’s costs on a party and party or indemnity basis
  2. 2 Whether the applicant had a reasonable case against the fifth respondent for misleading and deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth)

Ratio Decidendi

The applicant should pay the fifth respondent’s costs on a party and party basis up to the date he rejected a Calderbank offer, and on an indemnity basis thereafter, because the applicant continued proceedings when there was no reasonable basis, and rejected an offer more favourable than the result obtained.

Court Disposition

Applicant’s claim against first to fourth respondents dismissed; applicant given leave to discontinue against fifth respondent; cross-claims and costs orders made as specified.

Orders

  • The applicant's claim against the first to fourth respondents be dismissed.
  • The applicant have leave to discontinue the proceeding against the fifth respondent.