MCG Group Pty Ltd v Ftrus Pty Ltd (formerly Fortrus Pty Ltd) [2017] FCA 359

MCG Group Pty Ltd v Ftrus Pty Ltd (formerly Fortrus Pty Ltd) [2017] FCA 359

There were no special circumstances or demonstrated wilful disregard of known facts by the respondents to justify an order for indemnity costs; the respondents did not act unreasonably in rejecting the Calderbank offer; the applicant is entitled to costs on a party and party basis, and no separate order is warranted regarding costs for the discontinued claim.

Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Civil Proceeding / Post Judgment Costs Determination
Outcome
Respondents ordered to pay applicant's costs of and incidental to the proceeding including reserved costs on a party and party basis.
Legal Topics
['costs' 'indemnity Costs' 'party and Party Costs' 'calderbank Offers' 'practice and Procedure']
['commercial Law' 'corporations Law'] ['costs' 'indemnity Costs' 'party and Party Costs' 'calderbank Offers' 'practice and Procedure']

Case Brief

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Procedural Posture

Civil Proceeding / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether there are special circumstances justifying an award of indemnity costs' 'Whether the respondents acted unreasonably in rejecting a Calderbank offer' 'Entitlement to costs in relation to discontinued claims']

Ratio Decidendi

There were no special circumstances or demonstrated wilful disregard of known facts by the respondents to justify an order for indemnity costs; the respondents did not act unreasonably in rejecting the Calderbank offer; the applicant is entitled to costs on a party and party basis, and no separate order is warranted regarding costs for the discontinued claim.

Court Disposition

Respondents ordered to pay applicant's costs of and incidental to the proceeding including reserved costs on a party and party basis.

Orders

  • ['The respondents pay the costs of the applicant of and incidental to the proceeding including reserved costs on a party and party basis to be taxed and agreed.' 'Orders and Reasons for Judgment are made and published from Chambers pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), r 1.32...