Franks v Warringah Council, in the matter of Franks [2003] FCA 1254

Franks v Warringah Council, in the matter of Franks [2003] FCA 1254

The applicant's letter was not an offer of compromise but an invitation to capitulate. In the absence of special features, failure to accept such an invitation does not warrant indemnity costs.

Parties
Applicant: Phillip Maurice Franks; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
07 November 2003
Procedural Posture
Application to Set Aside Bankruptcy Notices With Costs / Costs Determination After Judgment
Outcome
Application for indemnity costs refused.
Legal Topics
Costs, Indemnity Costs, Offers of Compromise, Party and Party Basis
Bankruptcy Civil Procedure Costs Indemnity Costs Offers of Compromise Party and Party Basis

Case Brief

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Parties

Phillip Maurice Franks

Applicant

Warringah Council

Respondent

Procedural Posture

Application to Set Aside Bankruptcy Notices With Costs / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to costs on an indemnity basis due to an offer to consent to setting aside bankruptcy notices with costs

Ratio Decidendi

The applicant's letter was not an offer of compromise but an invitation to capitulate. In the absence of special features, failure to accept such an invitation does not warrant indemnity costs.

Court Disposition

Application for indemnity costs refused.

Orders

  • The application for orders requiring the respondent to pay the applicant's costs on an indemnity basis is refused.
  • No order as to the costs of this application.