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Tytane Pty Ltd v Lyons [2017] FCA 1602

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PRACTICE AND PROCEDURE – Indemnity costs sought where a notice of discontinuance has been filed by the applicant who became liable to pay party-party costs of the application; notice of discontinuance not compliant with the Federal Court Rules 2011; costs sought against the respondent in respect of the respondent’s interlocutory application for indemnity costs for the period after the filing of a notice of discontinuance; where Calderbank offer made; whether settlement offers were put on terms as would allow the other party to make an informed decision as to whether the offers should be accepted; break-down of legal costs claimed in the offers was absent; interlocutory application for a costs order against a non-party where it was alleged that the applicant may be financially unable to meet a costs order against it

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