BHCP Pty LTD (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Limited ACN 137 300 219 & Ors (2) [2020] NSWDC 508

BHCP Pty LTD (ATF BHCP Trust) v Reliable Constructions (Australia) Pty Limited ACN 137 300 219 & Ors (2) [2020] NSWDC 508

It was not unreasonable for the cross-claimants to reject either Calderbank offer as neither represented a meaningful compromise in the context of the litigation and the stage at which the offers were made. The evidence did not justify or enable a fair lump sum assessment of costs.

Jurisdiction
Australia
Judgment Date
08 September 2020
Procedural Posture
Civil / Post Trial (costs Determination After Delivery of Judgment)
Outcome
Cross-claimants ordered to pay the third to sixth cross-defendants' costs except for costs relating to the cross-defendants' own costs applications; third to sixth cross-defendants to pay cross-claimants' costs on the applications relating to costs.
Legal Topics
['indemnity Costs' 'calderbank Offers' 'lump Sum Assessment of Costs']
['civil Procedure'] ['indemnity Costs' 'calderbank Offers' 'lump Sum Assessment of Costs']

Case Brief

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Procedural Posture

Civil / Post Trial (costs Determination After Delivery of Judgment)

Legal Issues

  1. 1 ['Whether it was reasonable for the cross-claimants to reject the Calderbank offers made by the cross-defendants.' 'Whether awarding a lump sum assessment of costs is appropriate.']

Ratio Decidendi

It was not unreasonable for the cross-claimants to reject either Calderbank offer as neither represented a meaningful compromise in the context of the litigation and the stage at which the offers were made. The evidence did not justify or enable a fair lump sum assessment of costs.

Court Disposition

Cross-claimants ordered to pay the third to sixth cross-defendants' costs except for costs relating to the cross-defendants' own costs applications; third to sixth cross-defendants to pay cross-claimants' costs on the applications relating to costs.

Orders

  • ["The cross-claimants pay the third to sixth cross-defendants' costs, other than in relation to the third to sixth cross-defendants' applications in regards to costs." "The third to sixth cross-defendants pay the cross-claimants' costs in relation to their applications in relation to costs."]