Robinson v Kenny (No 2) [2015] FCA 2

Robinson v Kenny (No 2) [2015] FCA 2

A lump sum in lieu of interest was just compensation given the complex calculation circumstances. The rules provided for indemnity costs after a favourable judgment post-offer of compromise, and the reformulation of claims did not constitute a proper reason to displace the presumption. Costs thrown away on abandoned claims were to be paid by the applicant as those claims unnecessarily increased time and expense.

Parties
Applicant: Graham Bruce Robinson; First Respondent: Brian Kenny; Second Respondent: ABK Australia Pty Limited (ACN 111 306 999)
Jurisdiction
Australia
Judgment Date
08 January 2015
Procedural Posture
Civil / Post Trial, Application for Judgment Sum and Costs
Outcome
Judgment for the applicant in the sum of $3,490,132.56 inclusive of a lump sum in lieu of interest; costs awarded as specified.
Legal Topics
Costs–calculation of Costs, Interest–lump Sum in Lieu of Interest, Indemnity Costs–offer of Compromise, Entitlement to Costs Thrown Away, Misleading or Deceptive Conduct, Damages Calculation
Commercial Law Building and Construction Law Consumer Protection Costs Costs–calculation of Costs Interest–lump Sum in Lieu of Interest Indemnity Costs–offer of Compromise Entitlement to Costs Thrown Away +2 more

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Parties

Graham Bruce Robinson

Applicant

Brian Kenny

First Respondent

ABK Australia Pty Limited (ACN 111 306 999)

Second Respondent

Procedural Posture

Civil / Post Trial, Application for Judgment Sum and Costs

Legal Issues

  1. 1 How should the judgment sum be calculated including damages and interest?
  2. 2 Should indemnity costs be awarded on the basis of the offer of compromise?
  3. 3 Are the respondents entitled to costs thrown away on claims abandoned at trial?

Ratio Decidendi

A lump sum in lieu of interest was just compensation given the complex calculation circumstances. The rules provided for indemnity costs after a favourable judgment post-offer of compromise, and the reformulation of claims did not constitute a proper reason to displace the presumption. Costs thrown away on abandoned claims were to be paid by the applicant as those claims unnecessarily increased time and expense.

Court Disposition

Judgment for the applicant in the sum of $3,490,132.56 inclusive of a lump sum in lieu of interest; costs awarded as specified.

Orders

  • Judgment for the applicant as against the first and second respondents for $3,490,132.56 inclusive of a lump sum in lieu of interest.
  • The applicant to pay the first and second respondents' costs thrown away on claims abandoned on 11 March 2013.