Henderson, Russell Fraser & Ors v Amadio Pty Ltd & Ors (No. 3) [1996] FCA 184

Henderson, Russell Fraser & Ors v Amadio Pty Ltd & Ors (No. 3) [1996] FCA 184

Applicants and the Walkers were substantially successful and will recover costs on an indemnity basis (from 1 June 1995), except as otherwise specified. Daily counsel fees are justified by complexity. Costs are apportioned with contributions ordered between respondents according to time spent on issues. Offers made under Calderbank principles were reasonable, and respondents' unreasonable refusal leads to indemnity costs. Settlements with Metzke & Allan must be accounted for. Interest applies at 12% per annum. Joinder of parties must be approached with caution due to costs risks.

Jurisdiction
Australia
Judgment Date
22 March 1996
Procedural Posture
Costs Application in Civil Proceedings / Post Substantive Judgment; Costs Allocation
Outcome
Costs awarded as detailed in judgment: indemnity costs from 1 June 1995 for most applicants, party/party or solicitor/client or no order as specified; interest at 12% applies; orders for contribution between respondents.
Legal Topics
['costs' 'joinder of Parties' 'offers of Settlement' 'indemnity Costs' 'costs Contribution' 'interest on Costs' 'taxation of Costs']
['practice and Procedure'] ['costs' 'joinder of Parties' 'offers of Settlement' 'indemnity Costs' 'costs Contribution' 'interest on Costs' 'taxation of Costs']

Case Brief

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Procedural Posture

Costs Application in Civil Proceedings / Post Substantive Judgment; Costs Allocation

Legal Issues

  1. 1 ['Whether reduction in costs for issues on which applicants failed is appropriate' 'Whether indemnity costs should be awarded' "Appropriate basis for taxation of counsel's fees (daily or traditional)" 'Interest to be applied on costs' 'Principles governing costs contribution between respondents' 'Effect of Calderbank/without prejudice offers on costs' 'Appropriate orders as to costs following settlement with one respondent' 'Costs ramifications of joinder of multiple parties/unreasonable joinder']

Ratio Decidendi

Applicants and the Walkers were substantially successful and will recover costs on an indemnity basis (from 1 June 1995), except as otherwise specified. Daily counsel fees are justified by complexity. Costs are apportioned with contributions ordered between respondents according to time spent on issues. Offers made under Calderbank principles were reasonable, and respondents' unreasonable refusal leads to indemnity costs. Settlements with Metzke & Allan must be accounted for. Interest applies at 12% per annum. Joinder of parties must be approached with caution due to costs risks.

Court Disposition

Costs awarded as detailed in judgment: indemnity costs from 1 June 1995 for most applicants, party/party or solicitor/client or no order as specified; interest at 12% applies; orders for contribution between respondents.

Orders

  • ['Applicants to recover costs on an indemnity basis from respondents (other than Richard Ellis and Metzke & Allan) from 1 June 1995;' 'Applicants to bring into Court within seven days minutes of proposed orders signed by all counsel for represented parties;' 'Walkers to recover costs on a party and party basis;'...