Richardson v Oracle Corporation Australia Pty Ltd (No 2) [2014] FCAFC 139

Richardson v Oracle Corporation Australia Pty Ltd (No 2) [2014] FCAFC 139

The offer of compromise complied with procedural requirements, and none of the circumstances presented, including unforeseen development of damages jurisprudence, constituted exceptional reasons to displace the presumptive entitlement to indemnity costs. The appellant therefore remains entitled to pre-judgment interest and indemnity costs from the date of the offer.

Parties
Appellant: Rebecca Richardson; First Respondent: Oracle Corporation Australia Pty Ltd (ACN 003 074 468); Second Respondent: Randol Tucker
Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Appeal / Costs Determination Following Appellate Judgment
Outcome
Appellant awarded pre-judgment interest and indemnity costs from 21 September 2010; quantum of damages amended.
Legal Topics
Costs, Offers of Compromise, Pre Judgment Interest
Civil Procedure Costs Offers of Compromise Pre Judgment Interest

Case Brief

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Parties

Rebecca Richardson

Appellant

Oracle Corporation Australia Pty Ltd (ACN 003 074 468)

First Respondent

Randol Tucker

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Appellate Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to pre-judgment interest on the damages award
  2. 2 Whether the appellant is entitled to indemnity costs on the basis of an offer of compromise

Ratio Decidendi

The offer of compromise complied with procedural requirements, and none of the circumstances presented, including unforeseen development of damages jurisprudence, constituted exceptional reasons to displace the presumptive entitlement to indemnity costs. The appellant therefore remains entitled to pre-judgment interest and indemnity costs from the date of the offer.

Court Disposition

Appellant awarded pre-judgment interest and indemnity costs from 21 September 2010; quantum of damages amended.

Orders

  • Order (2)(b) of the orders made on 15 July 2014 varied by substituting $161,572.24 for $130,000.
  • The issue of the offer of compromise governed by the Federal Court Rules 1979 (Cth).