Linke v TT Builders Pty Ltd [2015] FCA 111

Linke v TT Builders Pty Ltd [2015] FCA 111

Failure of first and second respondents to cooperate in quantification and taxation of costs, as required by implied terms of settlement, justified court orders under r 25.10 to enforce and implement the compromise and ensure timely finalisation; applicant entitled to costs orders and leave to discontinue proceedings.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Civil / Post Compromise Costs Orders; Discontinuance Granted
Outcome
Orders made to enforce the accepted offer of compromise; costs to be taxed; leave granted for applicant to discontinue proceedings.
Legal Topics
['offer of Compromise' 'enforcement of Settlement' 'costs' 'federal Court Procedure']
['practice and Procedure'] ['offer of Compromise' 'enforcement of Settlement' 'costs' 'federal Court Procedure']

Case Brief

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Procedural Posture

Civil / Post Compromise Costs Orders; Discontinuance Granted

Legal Issues

  1. 1 ['Whether court should make orders giving effect to accepted offer of compromise under r 25.10 Federal Court Rules 2011 due to failure to cooperate in settlement implementation' 'Entitlement to costs and proper procedure for taxation under settlement terms']

Ratio Decidendi

Failure of first and second respondents to cooperate in quantification and taxation of costs, as required by implied terms of settlement, justified court orders under r 25.10 to enforce and implement the compromise and ensure timely finalisation; applicant entitled to costs orders and leave to discontinue proceedings.

Court Disposition

Orders made to enforce the accepted offer of compromise; costs to be taxed; leave granted for applicant to discontinue proceedings.

Orders

  • ["First and Second Respondents to pay Applicant's costs of the proceedings (including prior Federal Circuit Court costs) in accordance with cll 2.2 and 2.3 of the Notice of Offer of Compromise of 5 September 2014, accepted 3 October 2014." "Applicant's costs pursuant to cl 2.2 and First and Second Respondents' costs...