Baxter Global Investments Pty Ltd (ACN 159 246 670) v Marco (No 2) [2020] NSWSC 1487

Baxter Global Investments Pty Ltd (ACN 159 246 670) v Marco (No 2) [2020] NSWSC 1487

The plaintiffs failed to establish that the defendants acted unreasonably in refusing the Calderbank offer due to asset preservation orders, ongoing appeal, and inadequate time for acceptance, nor did their subsequent conduct rise to misconduct warranting indemnity costs; thus indemnity costs orders were refused.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Application for Costs Order / Post Judgment Costs Application
Outcome
Plaintiffs' application for indemnity costs order refused.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'trusts' 'party Party Costs Orders']
['equity' 'commercial' 'civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offers' 'trusts' 'party Party Costs Orders']

Case Brief

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Procedural Posture

Application for Costs Order / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered from 16 April 2020 based on Calderbank offer' 'Whether indemnity costs should be ordered from later dates due to alleged disentitling conduct by defendants']

Ratio Decidendi

The plaintiffs failed to establish that the defendants acted unreasonably in refusing the Calderbank offer due to asset preservation orders, ongoing appeal, and inadequate time for acceptance, nor did their subsequent conduct rise to misconduct warranting indemnity costs; thus indemnity costs orders were refused.

Court Disposition

Plaintiffs' application for indemnity costs order refused.

Orders

  • ['Indemnity costs orders refused; costs to be paid on a party-party basis as previously ordered.']