Stemcor (A/sia) Pty Ltd v C.V. Scheepvaartonderneming Ankergracht [2006] FCA 313

Stemcor (A/sia) Pty Ltd v C.V. Scheepvaartonderneming Ankergracht [2006] FCA 313

The development of the plaintiffs' cases did not sufficiently rebut the presumption under Order 23 rule 11(4), and the defendants had ample opportunity to evaluate the cause of the damages; thus, the plaintiffs are entitled to indemnity costs after the relevant date.

Jurisdiction
Australia
Judgment Date
10 March 2006
Procedural Posture
Civil / Post Judgment (costs Application)
Outcome
Plaintiffs’ application for special costs order granted.
Legal Topics
['costs Orders' 'offer of Compromise' 'breach of Contract' 'hague Visby Rules' 'cargo Damage']
['commercial Law' 'maritime Law'] ['costs Orders' 'offer of Compromise' 'breach of Contract' 'hague Visby Rules' 'cargo Damage']

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Procedural Posture

Civil / Post Judgment (costs Application)

Legal Issues

  1. 1 ["Whether the defendants should pay the plaintiffs' costs on an indemnity basis per Order 23 rule 11(4) of the Federal Court Rules" "Whether a change in the plaintiffs' case after offers of compromise rebuts the presumption in favour of indemnity costs"]

Ratio Decidendi

The development of the plaintiffs' cases did not sufficiently rebut the presumption under Order 23 rule 11(4), and the defendants had ample opportunity to evaluate the cause of the damages; thus, the plaintiffs are entitled to indemnity costs after the relevant date.

Court Disposition

Plaintiffs’ application for special costs order granted.

Orders

  • ["Defendants to pay plaintiffs' costs incurred up to and including 16 May 2003 on a party/party basis." "Defendants to pay plaintiffs' costs incurred thereafter on an indemnity basis."]