Martinero v Comiskey Management Services Pty Ltd [2023] FCA 1184

Martinero v Comiskey Management Services Pty Ltd [2023] FCA 1184

The applicants, having discontinued the proceedings without any supervening event rendering those proceedings futile, should pay the respondent's costs. The refusal of the Calderbank offer was not unreasonable given the early stage of proceedings and absence of blameworthy conduct; indemnity costs are not warranted.

Parties
Applicant: Annette Martinero; Applicant: John Martinero; Respondent: Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre
Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Originating Application and Statement of Claim / Costs Determination After Notice of Discontinuance Granted
Outcome
Applicants ordered to pay respondent's costs on a party and party basis, to be agreed or taxed. Indemnity costs not made.
Legal Topics
Costs, Indemnity Costs, Discontinued Proceedings, Calderbank Offers, Federal Court Procedure, Disability Discrimination
Administrative and Constitutional Law and Human Rights Costs Indemnity Costs Discontinued Proceedings Calderbank Offers Federal Court Procedure Disability Discrimination

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Parties

Annette Martinero

Applicant

John Martinero

Applicant

Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre

Respondent

Procedural Posture

Originating Application and Statement of Claim / Costs Determination After Notice of Discontinuance Granted

Legal Issues

  1. 1 Whether the applicants should pay the respondent's costs after discontinuing proceedings
  2. 2 Whether indemnity costs should be awarded due to refusal of Calderbank offer
  3. 3 Whether conduct of applicants flouted litigation norms

Ratio Decidendi

The applicants, having discontinued the proceedings without any supervening event rendering those proceedings futile, should pay the respondent's costs. The refusal of the Calderbank offer was not unreasonable given the early stage of proceedings and absence of blameworthy conduct; indemnity costs are not warranted.

Court Disposition

Applicants ordered to pay respondent's costs on a party and party basis, to be agreed or taxed. Indemnity costs not made.

Orders

  • Annette Martinero to pay Comiskey Management Services Pty Ltd's costs on a party and party basis, as agreed or taxed.
  • John Martinero to pay Comiskey Management Services Pty Ltd's costs on a party and party basis, as agreed or taxed.