Hill v Forteng Pty Ltd (No. 2) [2019] FCA 82

Hill v Forteng Pty Ltd (No. 2) [2019] FCA 82

The defendants were ultimately the successful party as the plaintiff's main claim failed and his only success was in relation to a minor, low-value share valuation issue. The plaintiff acted unreasonably in rejecting two Calderbank offers for amounts far exceeding what was ultimately achieved at trial. Therefore, costs are awarded on a party/party basis up to 18 July 2018 (the date of the first Calderbank offer) and on an indemnity basis from that date.

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Commercial and Corporations – Commercial Contracts, Banking, Finance and Insurance / Post Trial – Costs Judgment
Outcome
Plaintiff to pay defendants' costs: party/party basis before 18 July 2018, indemnity basis from that date
Legal Topics
['costs' 'oppressive Conduct' 'breach of Contract' 'calderbank Offers']
['corporations Law' 'contract Law' 'civil Procedure'] ['costs' 'oppressive Conduct' 'breach of Contract' 'calderbank Offers']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Commercial and Corporations – Commercial Contracts, Banking, Finance and Insurance / Post Trial – Costs Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event where the parties had partial success on distinct issues' 'Whether indemnity costs should be awarded from the date of rejection of a Calderbank offer' 'Whether any costs order should be deferred in light of appeal']

Ratio Decidendi

The defendants were ultimately the successful party as the plaintiff's main claim failed and his only success was in relation to a minor, low-value share valuation issue. The plaintiff acted unreasonably in rejecting two Calderbank offers for amounts far exceeding what was ultimately achieved at trial. Therefore, costs are awarded on a party/party basis up to 18 July 2018 (the date of the first Calderbank offer) and on an indemnity basis from that date.

Court Disposition

Plaintiff to pay defendants' costs: party/party basis before 18 July 2018, indemnity basis from that date

Orders

  • ["The plaintiff pay the defendants' costs of the proceeding prior to 18 July 2018 on a party and party basis." "The plaintiff pay the defendants' costs of the proceeding from 18 July 2018 on an indemnity basis."]