Boss Constructions (NSW) Pty Ltd v Rohrig (NSW) Pty Ltd [No.2] [2019] NSWSC 436

As both parties won and lost, and given Boss' refusal of the Calderbank Offer was not unreasonable due to timing and substance, the appropriate exercise of discretion is to make no order as to costs.

Jurisdiction: Australia
Judgment Date: 12 April 2019
Procedural Posture: Claim and Cross Claim / Post Trial Costs Determination
Outcome: No order as to costs
Legal Topics: ['costs' 'calderbank Offer' 'contractual Claims']

['equity' 'construction Law'] ['costs' 'calderbank Offer' 'contractual Claims']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Claim and Cross Claim / Post Trial Costs Determination

Legal Issues

1 ['Who should bear the costs after both claim and cross-claim dismissed' 'Effect of Calderbank Offer on costs' 'Whether refusal of Calderbank Offer was unreasonable']

Ratio Decidendi

As both parties won and lost, and given Boss' refusal of the Calderbank Offer was not unreasonable due to timing and substance, the appropriate exercise of discretion is to make no order as to costs.

Court Disposition

No order as to costs

Orders

['Each party shall pay its own costs']