Florence Chen appeared for the applicant, instructed by Dentons Australia Limited.
After the principal judgement, the applicant sought a special order as to costs. The applicant argued that the Commissioner should pay costs on a party and party basis up to 11 am on 7 December 2023 — the second business day after the applicant’s offer to compromise – and thereafter on an indemnity basis. The applicant contended that, under r 25.14(3) of the Federal Court Rules 2011 (Cth), the judgement obtained was more favourable than the terms of the compromise offer.
Logan J agreed, ordering the Commissioner to pay the applicant’s costs of and incidental to the proceedings in accordance with r 25.14(3). His Honour further directed that costs be paid as a lump sum under r 40.02 of the Federal Court Rules 2011 (Cth) to avoid the expense of taxation.
The judgment can be read by clicking here
