Hifu Electronics Pty Ltd v Fujian Pacific Pty Ltd [1998] FCA 1730

Hifu Electronics Pty Ltd v Fujian Pacific Pty Ltd [1998] FCA 1730

There was no conduct by the respondent justifying departure from the usual order that costs follow the event. The respondent was not guilty of improper or wrongful conduct, nor were indemnity costs justified as refusal of the Calderbank offer at the time was not shown to be unreasonable.

Parties
Applicant: HIFU Electronics Pty Limited; Respondent: Fujian Pacific Pty Limited
Jurisdiction
Australia
Judgment Date
01 December 1998
Procedural Posture
Application to Wind Up Company / Costs Determination After Consent Dismissal
Outcome
Applicant ordered to pay the respondent's costs on a party and party basis.
Legal Topics
Costs, Statutory Demand, Winding Up, Calderbank Letters
Practice and Procedure Corporations Law Costs Statutory Demand Winding Up Calderbank Letters

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 29 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HIFU Electronics Pty Limited

Applicant

Fujian Pacific Pty Limited

Respondent

Procedural Posture

Application to Wind Up Company / Costs Determination After Consent Dismissal

Legal Issues

  1. 1 Whether the successful respondent should have a costs order against the applicant
  2. 2 Whether there were grounds to deny such an order
  3. 3 Whether indemnity costs should be ordered after a Calderbank letter

Ratio Decidendi

There was no conduct by the respondent justifying departure from the usual order that costs follow the event. The respondent was not guilty of improper or wrongful conduct, nor were indemnity costs justified as refusal of the Calderbank offer at the time was not shown to be unreasonable.

Court Disposition

Applicant ordered to pay the respondent's costs on a party and party basis.

Orders

  • The applicant pay the respondent's costs, to be assessed or taxed on a party and party basis.