Hanave Pty Ltd v LFOT Pty Ltd & Ors [1998] FCA 1429

Hanave Pty Ltd v LFOT Pty Ltd & Ors [1998] FCA 1429

Offers inclusive of costs are irrelevant for indemnity costs determination; lack of formal concessions did not prolong proceedings; conduct of respondents found to breach Trade Practices Act did not influence applicant's decision nor warrant departure from ordinary rule; Hanave liable for respondents' costs as both respondents and cross-claimants since the cross-respondent was, in substance, alter ego of applicant.

Jurisdiction
Australia
Judgment Date
11 November 1998
Procedural Posture
Civil / Post Judgment; Costs Determination
Outcome
Applicant ordered to pay respondents' costs in the proceedings generally.
Legal Topics
['offers of Settlement' 'indemnity Costs' 'party/party Costs' 'cross Claims' 'application of Ordinary Costs Rule']
['civil Procedure' 'costs'] ['offers of Settlement' 'indemnity Costs' 'party/party Costs' 'cross Claims' 'application of Ordinary Costs Rule']

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Procedural Posture

Civil / Post Judgment; Costs Determination

Legal Issues

  1. 1 ['Are offers of settlement inclusive of costs relevant to indemnity cost orders?' 'Should indemnity costs be awarded to the respondents?' 'How does an unresolved cross-claim affect costs orders when the respondent is also a cross-claimant?' 'Should the conduct of the respondents found to be in contravention of the Trade Practices Act affect the costs order?']

Ratio Decidendi

Offers inclusive of costs are irrelevant for indemnity costs determination; lack of formal concessions did not prolong proceedings; conduct of respondents found to breach Trade Practices Act did not influence applicant's decision nor warrant departure from ordinary rule; Hanave liable for respondents' costs as both respondents and cross-claimants since the cross-respondent was, in substance, alter ego of applicant.

Court Disposition

Applicant ordered to pay respondents' costs in the proceedings generally.

Orders

  • ["The applicant pay the respondents' costs in the proceedings generally."]