SEMF Pty Ltd v Renown Corporation Pty Ltd (No 2) [2022] NSWSC 95

SEMF Pty Ltd v Renown Corporation Pty Ltd (No 2) [2022] NSWSC 95

Plaintiff not entitled to indemnity costs prior to 21 September 2021 as it was reasonable for the defendants in the circumstances not to accept the earlier Calderbank offer. The second defendant is entitled to costs of the cross-claim on the ordinary basis, as it was wholly successful and the plaintiff's substantive defences (other than set-off) were abandoned.

Parties
Plaintiff | Cross Defendant: SEMF Pty Ltd; First Defendant: Renown Corporation Pty Ltd; Second Defendant | Cross Claimant: Dialog Pty Ltd
Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Equity Commercial List / Costs Determination Following Judgment
Outcome
Orders as to costs: defendants to pay plaintiffs' costs of the proceeding (other than the cross-claim) on the ordinary basis up to 21 September 2021 and on the indemnity basis from 22 September 2021; plaintiff to pay the second defendant's costs of the cross-claim on the ordinary basis.
Legal Topics
Indemnity Costs, Offer of Compromise, Cross Claim Costs, Calderbank Offer, Uniform Civil Procedure Rules
Costs Indemnity Costs Offer of Compromise Cross Claim Costs Calderbank Offer Uniform Civil Procedure Rules

Case Brief

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Parties

SEMF Pty Ltd

Plaintiff | Cross Defendant

Renown Corporation Pty Ltd

First Defendant

Dialog Pty Ltd

Second Defendant | Cross Claimant

Procedural Posture

Equity Commercial List / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to indemnity costs prior to 21 September 2021 based on rejection of Calderbank offer
  2. 2 Whether second defendant is entitled to ordinary costs on the cross-claim

Ratio Decidendi

Plaintiff not entitled to indemnity costs prior to 21 September 2021 as it was reasonable for the defendants in the circumstances not to accept the earlier Calderbank offer. The second defendant is entitled to costs of the cross-claim on the ordinary basis, as it was wholly successful and the plaintiff's substantive defences (other than set-off) were abandoned.

Court Disposition

Orders as to costs: defendants to pay plaintiffs' costs of the proceeding (other than the cross-claim) on the ordinary basis up to 21 September 2021 and on the indemnity basis from 22 September 2021; plaintiff to pay the second defendant's costs of the cross-claim on the ordinary basis.

Orders

  • The defendants pay the plaintiffs' costs of the proceeding (other than the cross-claim) on the ordinary basis up until 21 September 2021, and on the indemnity basis from 22 September 2021.
  • The plaintiff pay the second defendant's costs of the cross-claim on the ordinary basis.