ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 5) [2015] FCA 805

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 5) [2015] FCA 805

The applicant unreasonably failed to accept an offer of compromise made by the respondents in November 2013. Pursuant to r 25.14(2) of the Federal Court Rules 2011 (Cth), this justifies an order for party and party costs up to 11.00 am on 12 November 2013 and indemnity costs thereafter. There is no basis to depart from the usual costs rule, nor to award costs in a lump sum.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Application / Costs Judgment After Dismissal of Application
Outcome
Costs ordered in favour of respondents: on a party and party basis up to 11.00 am on 12 November 2013, thereafter on an indemnity basis, as agreed or assessed.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'party and Party Costs']
['civil Procedure'] ['costs' 'offers of Compromise' 'indemnity Costs' 'party and Party Costs']

Case Brief

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Procedural Posture

Application / Costs Judgment After Dismissal of Application

Legal Issues

  1. 1 ['Whether the successful respondents should be awarded their costs' 'Whether costs should be on a party and party or indemnity basis' 'Whether an offer of compromise justified indemnity costs' 'Whether costs should be awarded in a lump sum']

Ratio Decidendi

The applicant unreasonably failed to accept an offer of compromise made by the respondents in November 2013. Pursuant to r 25.14(2) of the Federal Court Rules 2011 (Cth), this justifies an order for party and party costs up to 11.00 am on 12 November 2013 and indemnity costs thereafter. There is no basis to depart from the usual costs rule, nor to award costs in a lump sum.

Court Disposition

Costs ordered in favour of respondents: on a party and party basis up to 11.00 am on 12 November 2013, thereafter on an indemnity basis, as agreed or assessed.

Orders

  • ["The applicant pay the respondents' costs, on a party and party basis up to 11.00 am on 12 November 2013 and thereafter on an indemnity basis, as agreed or assessed."]