Red Bull Australia Pty Ltd v Michael Peter Stacey and Christian Walter Graebner [2011] NSWSC 1350

There is no sufficient basis for departing from the usual order that each party bears its own costs, as neither party acted so unreasonably as to justify a costs order against the other.

Jurisdiction: Australia
Judgment Date: 04 November 2011
Procedural Posture: Civil / Post Compromise, Costs Determination
Outcome: Each party to bear its own costs.
Legal Topics: ['indemnity Costs' 'compromise Without Hearing' 'usual Costs Order' 'reasonableness of Party Conduct']

['costs'] ['indemnity Costs' 'compromise Without Hearing' 'usual Costs Order' 'reasonableness of Party Conduct']

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Procedural Posture

Civil / Post Compromise, Costs Determination

Legal Issues

1 ['Whether party acted so unreasonably as to justify costs order' 'Whether indemnity costs should be awarded after compromise' 'Whether there is justification for departing from the usual costs order']

Ratio Decidendi

There is no sufficient basis for departing from the usual order that each party bears its own costs, as neither party acted so unreasonably as to justify a costs order against the other.

Court Disposition

Each party to bear its own costs.

Orders

['Each party to bear its own costs.']