Bertram v Naudi (Costs) [2024] FCA 1444

Bertram v Naudi (Costs) [2024] FCA 1444

Because the respondent made a formal offer of compromise which was not accepted, and subsequently obtained a judgment more favourable than the offer, the respondent is entitled to party/party costs until 11.00am on 3 May 2022 and indemnity costs thereafter in accordance with FCR 25.14(3).

Parties
Applicant: David Morton Bertram; Respondent: Robert William Naudi
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
The applicant is ordered to pay the respondent's costs of the claim and the cross-claim on a party/party basis until 11.00am on 3 May 2022, and thereafter on an indemnity basis.
Legal Topics
Costs, Indemnity Costs, Offers of Compromise, Bankruptcy, Civil Dispute Resolution
Civil Procedure Insolvency Costs Indemnity Costs Offers of Compromise Bankruptcy Civil Dispute Resolution

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Morton Bertram

Applicant

Robert William Naudi

Respondent

Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis or party/party basis in light of conduct including failure to accept offers of compromise, failure to file a genuine steps statement, and use of court proceedings where internal review was available.

Ratio Decidendi

Because the respondent made a formal offer of compromise which was not accepted, and subsequently obtained a judgment more favourable than the offer, the respondent is entitled to party/party costs until 11.00am on 3 May 2022 and indemnity costs thereafter in accordance with FCR 25.14(3).

Court Disposition

The applicant is ordered to pay the respondent's costs of the claim and the cross-claim on a party/party basis until 11.00am on 3 May 2022, and thereafter on an indemnity basis.

Orders

  • Applicant to pay respondent's costs of the claim and cross-claim on a party/party basis until 11.00am on 3 May 2022, and thereafter on an indemnity basis.