Racing & Wagering Western Australia v Software AG (Australia) Pty Ltd (ABN 30 090 139 503) No 2 [2008] FCA 1526

Racing & Wagering Western Australia v Software AG (Australia) Pty Ltd (ABN 30 090 139 503) No 2 [2008] FCA 1526

The applicant's offer of $300,000, made early in the proceedings and clarified on 20 April 2007, was reasonable and would have been more advantageous to the respondent than the trial outcome, because the respondent recovered nothing. The respondent's rejection of that offer, coupled with the pursuit of claims found to be plainly exaggerated, was imprudent and justified indemnity costs from 21 days after the clarified offer, being 11 May 2007.

Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Costs Application Following Judgment in Copyright and Licence Agreement Proceedings / Post Judgment Determination of Costs
Outcome
Indemnity costs ordered from 11 May 2007; party and party costs ordered until that date.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'reasonableness of Rejecting Settlement Offer' 'exaggerated Cross Claim' 'late Discovery']
['costs' 'copyright' 'contract'] ['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'reasonableness of Rejecting Settlement Offer' 'exaggerated Cross Claim' 'late Discovery']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application Following Judgment in Copyright and Licence Agreement Proceedings / Post Judgment Determination of Costs

Legal Issues

  1. 1 ["Whether the respondent should pay the applicant's costs on an indemnity basis after rejecting the applicant's offer of compromise clarified on 20 April 2007." "Whether the respondent's allegedly exaggerated cross-claim supported an order for indemnity costs." "Whether the respondent's late discovery of a critical DAF supported an order for indemnity costs."]

Ratio Decidendi

The applicant's offer of $300,000, made early in the proceedings and clarified on 20 April 2007, was reasonable and would have been more advantageous to the respondent than the trial outcome, because the respondent recovered nothing. The respondent's rejection of that offer, coupled with the pursuit of claims found to be plainly exaggerated, was imprudent and justified indemnity costs from 21 days after the clarified offer, being 11 May 2007.

Court Disposition

Indemnity costs ordered from 11 May 2007; party and party costs ordered until that date.

Orders

  • ["The respondent do pay the applicant's costs of the proceedings to be taxed on a party and party basis until 11 May 2007." "Thereafter the respondent do pay the applicant's costs of the proceedings to be taxed so as to include all costs and disbursements except insofar as they are of an unreasonable amount or have...