Cole v Raykir Holdings Pty Ltd (No 2) [2019] NSWSC 1196
The plaintiffs were entitled to indemnity costs because their Calderbank offer was a genuine compromise, remained open for a reasonable period of 14 days, was made when the defendants were aware of the issues after service of all evidence, and it was unreasonable for the defendants not to accept it.
- Jurisdiction
- Australia
- Judgment Date
- 10 September 2019
- Procedural Posture
- Costs / On the Papers After Delivery of Principal Judgment
- Outcome
- The plaintiffs' application for indemnity costs was granted.
- Legal Topics
- ['indemnity Costs' 'calderbank Letters' 'genuine Compromise' 'reasonableness of Refusing Settlement Offer']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Costs / On the Papers After Delivery of Principal Judgment
Legal Issues
- 1 ["Whether the plaintiffs' Calderbank offer represented a genuine compromise." "Whether it was unreasonable for the defendants not to accept the plaintiffs' Calderbank offer." "Whether the defendants should pay the plaintiffs' costs on an indemnity basis after 21 June 2019."]
Ratio Decidendi
The plaintiffs were entitled to indemnity costs because their Calderbank offer was a genuine compromise, remained open for a reasonable period of 14 days, was made when the defendants were aware of the issues after service of all evidence, and it was unreasonable for the defendants not to accept it.
Court Disposition
The plaintiffs' application for indemnity costs was granted.
Orders
- ["The defendants to pay the plaintiffs' costs of the proceedings on the ordinary basis up to and including 21 June 2019 and on an indemnity basis thereafter."]
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