PRACTICE AND PROCEDURE – costs – where applicant had mixed success against first respondent – where applicant was unsuccessful against second and third respondents – claim for indemnity costs – whether applicant unreasonably refused offer of compromise under r 25.14(2) of the Federal Court Rules 2011 (Cth) – whether applicant unreasonably refused Calderbank offers – parties with mixed success to bear their own costs – indemnity costs ordered from date of offers
PRACTICE AND PROCEDURE – form of final orders – where parties have agreed net judgment sum in first respondent’s favour – declarations made – orders made for the deletion of confidential information and to restrain the first respondent’s use of that information, and for the discharge of the first respondent’s earlier confidentiality undertaking – orders made for the ongoing payment of trail commissions to the first respondent as set out in a confidential annexure
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0825
For more information, see the original judgement.