Murphy v Westpac Banking Corporation (No 2) [2015] FCA 266

Murphy v Westpac Banking Corporation (No 2) [2015] FCA 266

The court applied Federal Court Rules 2011 r 25.14 to award indemnity costs against applicants who failed to accept an offer of compromise and achieved less favourable judgment, unless proper reasons arising in an exceptional case were demonstrated. Lavars was granted damages for TIP 2008/2009 under the slip rule...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Civil / Post Judgment (costs and Orders)
Outcome
Judgment for applicants in part; costs apportioned; orders made for damages, interest and costs including indemnity costs and lump sum costs applications. Originating applications otherwise dismissed.
Legal Topics
['costs' 'apportionment' 'offers to Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'apportionment' 'offers to Compromise' 'indemnity Costs']

Source-derived case record

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Procedural Posture

Civil / Post Judgment (costs and Orders)

Legal Issues

  1. 1 ['What is the correct apportionment of costs among multiple proceedings with intertwined issues?' 'How should offers to compromise under Federal Court Rules 2011 r 25.01 and r 25.14 affect the award of indemnity costs?' 'Does the slip rule apply to correct an accidental omission in damages awarded to Danielle Lavars?']

Ratio Decidendi

The court applied Federal Court Rules 2011 r 25.14 to award indemnity costs against applicants who failed to accept an offer of compromise and achieved less favourable judgment, unless proper reasons arising in an exceptional case were demonstrated. Lavars was granted damages for TIP 2008/2009 under the slip rule due to a Court misunderstanding, and costs were apportioned broadly in light of complexity and intertwined issues.

Court Disposition

Judgment for applicants in part; costs apportioned; orders made for damages, interest and costs including indemnity costs and lump sum costs applications. Originating applications otherwise dismissed.

Orders

  • ['Judgments for applicants (Murphy: $34,000 + interest $9,758.28; Moore: $67,825.57 + interest $25,025.09; Lavars: $185,288.45 + interest $74,473.90; $80,000 + interest $32,154.81; Wittenberg: $50,000 + interest $14,350.41; $228,337.50 + interest $105,007.89; Lawson: $45,000 + interest $12,915.37; Smith: $42,000 +...