Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 1431

The applicant unreasonably failed to accept a genuine and reasonable offer of compromise, and its grounds for appeal lacked sufficient merit to warrant leave. Therefore, indemnity costs are justified from the time the offer expired.

Jurisdiction: Australia
Judgment Date: 02 October 2020
Procedural Posture: Application for Indemnity Costs Following Dismissal of Leave to Appeal / Costs Decision After Dismissal of Leave to Appeal
Outcome: Application for indemnity costs granted to the respondents.
Legal Topics: ['indemnity Costs' 'offer of Compromise' 'leave to Appeal' 'non Party Discovery']

['commercial Law' 'competition Law' 'civil Procedure'] ['indemnity Costs' 'offer of Compromise' 'leave to Appeal' 'non Party Discovery']

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Procedural Posture

Application for Indemnity Costs Following Dismissal of Leave to Appeal / Costs Decision After Dismissal of Leave to Appeal

Legal Issues

1 ['Whether the applicant unreasonably failed to accept an offer of compromise' 'Whether indemnity costs are justified under Federal Court Rules 2011 (Cth) r 25.14(2)']

Ratio Decidendi

Court Disposition

Application for indemnity costs granted to the respondents.

Orders

["Respondents' costs of the application for leave to appeal to be assessed on an indemnity basis from 11.00 am on 2 July 2020." "Respondents' application for indemnity costs is taken as part of their costs of the application for leave to appeal."]