Yara Nipro P/L v Interfert Australia P/L

[2010] QCA 164

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer to settle
5. › Judgment no less favourable than offer
6. › Whether r 360 UCPR applies
7. › Uniform Civil Procedure Rules 1999 (Qld), r 360
1. Practice and Procedure
2. › Costs
3. › Indemnity costs on appeal
4. › Whether r 360 UCPR applies in appeals
5. › Whether unreasonable conduct required
6. › Uniform Civil Procedure Rules 1999 (Qld), r 360
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Successful party failing on alternative cause of action
5. › Whether costs should be reduced
6. › Trade Practices Act 1974 (Cth), ss 52, 58
1. Practice and Procedure
2. › Costs
3. › Counterclaim
4. › Set-off
5. › Counterclaim over-topped by plaintiff's claim
6. › Whether counterclaim dismissed with costs to plaintiff

Quick Take

UCPR r 360(1) does not apply to costs incurred in defending a counterclaim merely because the plaintiff's offer to settle allowed for a set-off of the counterclaim. On appeal, indemnity costs require demonstration of unreasonable conduct or unusual circumstances beyond mere non-acceptance of a pre-trial offer, regardless of how favourable the ultimate judgment is compared to the offer. A successful plaintiff is not ordinarily denied costs because it failed on an alternative cause of action.