Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1

Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1

Appellant entitled to usual party/party costs except for costs of the remitter; respondent's rejection of offer of compromise was not imprudent nor plainly unreasonable and does not warrant indemnity costs; costs order to be made also against Mr Gan as guarantor per deed of guarantee.

Jurisdiction
Australia
Judgment Date
21 January 2003
Procedural Posture
Appeal / Full Federal Court on Appeal From a Single Judge's Decision
Outcome
Appeal allowed; orders of primary judge set aside; application dismissed; judgment for appellant on cross-claim against first respondent for specified sum and interest; costs orders as specified; costs orders stayed pending special leave application.
Legal Topics
['costs Orders' 'offers of Compromise' 'indemnity Costs' 'appeals']
['civil Procedure' 'costs'] ['costs Orders' 'offers of Compromise' 'indemnity Costs' 'appeals']

Case Brief

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Procedural Posture

Appeal / Full Federal Court on Appeal From a Single Judge's Decision

Legal Issues

  1. 1 ['Whether appellant is entitled to costs;' 'Whether offer of compromise entitles appellant to indemnity costs;' 'Whether a costs order should be made against Mr Gan personally;']

Ratio Decidendi

Appellant entitled to usual party/party costs except for costs of the remitter; respondent's rejection of offer of compromise was not imprudent nor plainly unreasonable and does not warrant indemnity costs; costs order to be made also against Mr Gan as guarantor per deed of guarantee.

Court Disposition

Appeal allowed; orders of primary judge set aside; application dismissed; judgment for appellant on cross-claim against first respondent for specified sum and interest; costs orders as specified; costs orders stayed pending special leave application.

Orders

  • ['The appeal be allowed.' 'Orders of the primary judge of 15 September 2000 set aside and Application dismissed.' 'Judgment for the appellant on the cross-claim against the first respondent in the sum of $33,333.28 plus interest of $20,662.67.' "Respondents to pay appellant's costs of the Application, cross-claim,...