McLennan & Anor v Infinity Constructions Pty Limited & Ors (No 2) [2007] NSWIRComm 58

McLennan & Anor v Infinity Constructions Pty Limited & Ors (No 2) [2007] NSWIRComm 58

Because the respondents made genuine Calderbank offers, the offers were rejected and not bettered in the litigation, and the applicants failed to establish that it was reasonable not to accept them, the applicants were ordered to pay the respondents' costs on an indemnity basis from 25 October 2006.

Jurisdiction
Australia
Judgment Date
20 March 2007
Procedural Posture
Application for Indemnity Costs Following Dismissal of Application for Declaration Pursuant to S 154 of the Industrial Relations Act 1996 and Orders Pursuant to S 174 of the Industrial Relations Act 1996 / Determination on Written Submissions After Judgment for the Respondents
Outcome
Application for indemnity costs granted.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'offer of Compromise' 'application for Declaration Under S 154 of the Industrial Relations Act 1996']
['industrial Law' 'costs'] ['indemnity Costs' 'calderbank Offer' 'offer of Compromise' 'application for Declaration Under S 154 of the Industrial Relations Act 1996']

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

Application for Indemnity Costs Following Dismissal of Application for Declaration Pursuant to S 154 of the Industrial Relations Act 1996 and Orders Pursuant to S 174 of the Industrial Relations Act 1996 / Determination on Written Submissions After Judgment for the Respondents

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs on an indemnity basis after rejecting Calderbank offers that were not bettered in the litigation." "Whether it was reasonable for the applicants not to accept the respondents' offers of compromise."]

Ratio Decidendi

Because the respondents made genuine Calderbank offers, the offers were rejected and not bettered in the litigation, and the applicants failed to establish that it was reasonable not to accept them, the applicants were ordered to pay the respondents' costs on an indemnity basis from 25 October 2006.

Court Disposition

Application for indemnity costs granted.

Orders

  • ["The applicants are to pay the respondents' costs in respect of Matter No IRC 3043 of 2006 up to 24 October 2006, as agreed, or as assessed in accordance with the Court's Rules." "The applicants are to pay the respondents' costs on an indemnity basis in respect of Matter No IRC 3043 of 2006 on and from 25 October...