Site Skills Group Pty Ltd v Administrative Appeals Tribunal (No 2) [2020] FCA 78

Site Skills Group Pty Ltd v Administrative Appeals Tribunal (No 2) [2020] FCA 78

Site Skills Group Pty Ltd acted unreasonably in rejecting ASQA's offer of compromise, warranting an order that Site Skills pay ASQA's costs on an indemnity basis from 11.00 am on 10 May 2019 pursuant to r 25.14(2) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Costs Application / Post Judgment
Outcome
Application for indemnity costs granted
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs']
['administrative Law' 'civil Procedure'] ['costs' 'offers of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded under r 25.14(2) of the Federal Court Rules 2011 (Cth)' "Whether the applicant acted unreasonably in not accepting the respondent's offer of compromise"]

Ratio Decidendi

Site Skills Group Pty Ltd acted unreasonably in rejecting ASQA's offer of compromise, warranting an order that Site Skills pay ASQA's costs on an indemnity basis from 11.00 am on 10 May 2019 pursuant to r 25.14(2) of the Federal Court Rules 2011 (Cth).

Court Disposition

Application for indemnity costs granted

Orders

  • ['These orders and the reasons for judgment are made and published from Chambers.' "The applicant pay the second respondent's costs of the originating application filed on 9 April 2019 to be taxed if not agreed on an indemnity basis from 11.00 am on 10 May 2019."]