Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors (No 2) [2019] NSWSC 1577

Moneytech Finance Pty Ltd v Diamond Made Pty Ltd (in Liquidation) and ors (No 2) [2019] NSWSC 1577

The plaintiffs acted unreasonably in failing to identify their case against Mr Osborne for nearly three years, did not respond to repeated offers and warnings, and maintained proceedings unlikely to succeed. Mr Osborne made genuine offers of settlement. The conduct of the plaintiffs justifies awarding indemnity costs except as specified.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Costs Application Following Judgment in a Contract Dispute / Post Trial Costs Determination
Outcome
Indemnity costs (with exceptions) awarded in favour of sixth defendant against first and second plaintiffs; interest on costs to run from 14 March 2019.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Letters']
['civil Procedure' 'contract Law'] ['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Letters']

Case Brief

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Procedural Posture

Costs Application Following Judgment in a Contract Dispute / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the plaintiffs' "Whether Mr Osborne's offers of compromise were genuine offers under the relevant rules and principles" 'Whether the plaintiffs acted unreasonably in commencing or maintaining proceedings against Mr Osborne' 'Whether the rejection of offers by the plaintiffs was reasonable']

Ratio Decidendi

The plaintiffs acted unreasonably in failing to identify their case against Mr Osborne for nearly three years, did not respond to repeated offers and warnings, and maintained proceedings unlikely to succeed. Mr Osborne made genuine offers of settlement. The conduct of the plaintiffs justifies awarding indemnity costs except as specified.

Court Disposition

Indemnity costs (with exceptions) awarded in favour of sixth defendant against first and second plaintiffs; interest on costs to run from 14 March 2019.

Orders

  • ["The first and second plaintiffs are to pay the sixth defendant's costs on an indemnity basis other than: (a) those that appear to have been unreasonably incurred or are of an unreasonable amount; (b) the costs order made by Campbell J on 20 November 2018." 'Interest payable on the amount payable under the order...