Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2007] NSWSC 671

Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2007] NSWSC 671

Although the defendants' Calderbank offer was reasonable and exceeded the judgment sum, the defendants adduced no evidence enabling the court to assess prospectively whether the plaintiffs acted unreasonably in rejecting it. The defendants therefore failed to discharge their onus. Because the plaintiffs succeeded overall but failed on significant issues that reduced the damages awarded, a fair broad-brush costs order was that the defendants pay two thirds of the plaintiffs' costs on a party/party basis.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Costs Application in Supreme Court of New South Wales Equity Division Technology & Construction List Proceedings / Determination of Costs After Judgment for the Plaintiffs
Outcome
The defendants' application for indemnity costs was refused; the defendants were ordered to pay two thirds of the plaintiffs' costs on a party/party basis.
Legal Topics
['calderbank Offer' 'indemnity Costs' 'party/party Costs' 'costs Follow the Event' 'costs in Multiple Issue Cases']
['costs' 'civil Procedure'] ['calderbank Offer' 'indemnity Costs' 'party/party Costs' 'costs Follow the Event' 'costs in Multiple Issue Cases']

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Procedural Posture

Costs Application in Supreme Court of New South Wales Equity Division Technology & Construction List Proceedings / Determination of Costs After Judgment for the Plaintiffs

Legal Issues

  1. 1 ["Whether the plaintiffs' rejection of the defendants' Calderbank offer was unreasonable." 'Whether the defendants had demonstrated a basis for indemnity costs or party/party costs after the Calderbank offer.' 'What costs order was fair and reasonable where the plaintiffs succeeded overall but failed on some issues.']

Ratio Decidendi

Although the defendants' Calderbank offer was reasonable and exceeded the judgment sum, the defendants adduced no evidence enabling the court to assess prospectively whether the plaintiffs acted unreasonably in rejecting it. The defendants therefore failed to discharge their onus. Because the plaintiffs succeeded overall but failed on significant issues that reduced the damages awarded, a fair broad-brush costs order was that the defendants pay two thirds of the plaintiffs' costs on a party/party basis.

Court Disposition

The defendants' application for indemnity costs was refused; the defendants were ordered to pay two thirds of the plaintiffs' costs on a party/party basis.

Orders

  • ["The defendants pay two thirds of the plaintiffs' costs of the proceedings on a party/party basis."]