McMullin v ICI Australia Operations Pty Ltd [2000] FCA 404

McMullin v ICI Australia Operations Pty Ltd [2000] FCA 404

Because the claimants failed to accept a settlement offer of $1,000,000 on 20 March 1998, which exceeded the eventual award and was reasonable in light of available evidence, the respondents are entitled to have their costs paid by the claimants for all costs incurred after 9 April 1998, on a basis approximating full indemnity except for unreasonable costs.

Jurisdiction
Australia
Judgment Date
03 April 2000
Procedural Posture
Representative Action / Costs Determination After Judgment on Damages
Outcome
Costs order granted; claimants to pay respondents' costs after 9 April 1998 except unreasonable amounts; respondents to pay claimants' costs up to and including 9 April 1998.
Legal Topics
['costs' 'offers of Settlement' 'quantum of Damages']
['civil Procedure'] ['costs' 'offers of Settlement' 'quantum of Damages']

Case Brief

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Procedural Posture

Representative Action / Costs Determination After Judgment on Damages

Legal Issues

  1. 1 ['Appropriate costs order where pre-trial offers exceed the amount of damages assessed' 'Reasonableness of rejection of settlement offers by claimants' 'Basis for ordering indemnity or special costs']

Ratio Decidendi

Because the claimants failed to accept a settlement offer of $1,000,000 on 20 March 1998, which exceeded the eventual award and was reasonable in light of available evidence, the respondents are entitled to have their costs paid by the claimants for all costs incurred after 9 April 1998, on a basis approximating full indemnity except for unreasonable costs.

Court Disposition

Costs order granted; claimants to pay respondents' costs after 9 April 1998 except unreasonable amounts; respondents to pay claimants' costs up to and including 9 April 1998.

Orders

  • ['The costs incurred, up to and including 9 April 1998, by the members of Bruce and Elsie Harris & Co Partnership in relation to their claim for damages be paid by the respondents; these costs to be taxed or assessed on a party/party basis.' 'The costs incurred by the respondents, after 9 April 1998, in relation to...