Susan Pender Jewellery Pty Ltd v Mirage (Operations) Pty Ltd & Anor [1997] FCA 44

Susan Pender Jewellery Pty Ltd v Mirage (Operations) Pty Ltd & Anor [1997] FCA 44

There are no special circumstances justifying departure from the usual order: the applicant's partial success, conduct, and the form of offer of compromise do not warrant solicitor/client costs; party and party costs are ordered to the applicant.

Source-derived case information.

Parties
Applicant: Susan Pender Jewellery Pty Ltd; First Respondent: Mirage (Operations) Pty Ltd; Second Respondent: Baillieu Knight Frank (Gold Coast) Pty Ltd
Jurisdiction
Australia
Judgment Date
04 February 1997
Procedural Posture
Civil / Post Judgment, Costs Determination
Outcome
Second respondent ordered to pay applicant party and party costs, including reserved costs, to be taxed if not agreed.
Legal Topics
Costs, Offer of Compromise, Party and Party Costs, Solicitor/client Costs, Interest on Damages
Procedure Trade Practices Damages Costs Offer of Compromise Party and Party Costs Solicitor/client Costs Interest on Damages

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Parties

Susan Pender Jewellery Pty Ltd

Applicant

Mirage (Operations) Pty Ltd

First Respondent

Baillieu Knight Frank (Gold Coast) Pty Ltd

Second Respondent

Procedural Posture

Civil / Post Judgment, Costs Determination

Legal Issues

  1. 1 Entitlement and quantum of costs
  2. 2 Effect of offers of compromise, Calderbank offers, and party conduct on costs
  3. 3 Appropriateness of party and party versus solicitor/client costs

Ratio Decidendi

There are no special circumstances justifying departure from the usual order: the applicant's partial success, conduct, and the form of offer of compromise do not warrant solicitor/client costs; party and party costs are ordered to the applicant.

Court Disposition

Second respondent ordered to pay applicant party and party costs, including reserved costs, to be taxed if not agreed.

Orders

  • Second respondent to pay applicant its costs of and incidental to the proceedings, including reserved costs, taxed if not agreed.