Interim Finance Pty Ltd v Bright Beginnings Learning Centre Glendenning Pty Ltd (No 2) [2018] NSWSC 109
Costs should follow the event, not be ordered on an indemnity basis, because although an early offer to settle was made, the element of compromise in the Calderbank offer was slight and it was not unreasonable for the plaintiff to reject it. The plaintiff's decision to commence Supreme Court proceedings was not compelled by defendants' actions.
- Jurisdiction
- Australia
- Judgment Date
- 16 February 2018
- Procedural Posture
- Equity Proceedings Concerning a Caveat and Loan Agreement / Post Judgment, Determination of Costs
- Outcome
- Plaintiff ordered to pay defendants' costs on the ordinary basis.
- Legal Topics
- ['costs' 'caveats' 'loan Agreements' 'calderbank Offers']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity Proceedings Concerning a Caveat and Loan Agreement / Post Judgment, Determination of Costs
Legal Issues
- 1 ['Whether costs should follow the event or each party bear its own costs' 'Whether costs should be on an indemnity or ordinary basis given a Calderbank offer']
Ratio Decidendi
Costs should follow the event, not be ordered on an indemnity basis, because although an early offer to settle was made, the element of compromise in the Calderbank offer was slight and it was not unreasonable for the plaintiff to reject it. The plaintiff's decision to commence Supreme Court proceedings was not compelled by defendants' actions.
Court Disposition
Plaintiff ordered to pay defendants' costs on the ordinary basis.
Orders
- ["The plaintiff is to pay the defendants' costs of the proceedings on the ordinary basis."]
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