Hood v Down Under Enterprises International Pty LimitedHood v New Directions Australia Pty LimitedCitation:[2023] HCA 12Before:Gageler, Steward JJDate:20 Apr 2023Case Number:S85/2022, S87/2022Read more

Hood v Down Under Enterprises International Pty LimitedHood v New Directions Australia Pty LimitedCitation:[2023] HCA 12Before:Gageler, Steward JJDate:20 Apr 2023Case Number:S85/2022, S87/2022Read more

The applicant's failure to engage with the respondents' Calderbank offer was not unreasonable in the circumstances, and the offer was not open for acceptance at a relevant time. Therefore, the orders for costs should not be amended to require payment on an indemnity basis.

Parties
Applicant: Applicant; Respondent: Respondents
Jurisdiction
Australia
Judgment Date
20 April 2023
Procedural Posture
Civil / Application to Amend Orders After Determination of Special Leave Applications
Outcome
Application to amend orders refused
Legal Topics
Costs, Offers of Compromise, Calderbank Letter, Amendment of Orders
Civil Procedure Costs Offers of Compromise Calderbank Letter Amendment of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondents

Respondent

Procedural Posture

Civil / Application to Amend Orders After Determination of Special Leave Applications

Legal Issues

  1. 1 Whether applicant's failure to engage with respondents' Calderbank offer was unreasonable
  2. 2 Whether Calderbank offer was open for acceptance when application for special leave was instituted or before significant costs were incurred
  3. 3 Whether orders should be amended such that applicant pay costs on indemnity basis

Ratio Decidendi

The applicant's failure to engage with the respondents' Calderbank offer was not unreasonable in the circumstances, and the offer was not open for acceptance at a relevant time. Therefore, the orders for costs should not be amended to require payment on an indemnity basis.

Court Disposition

Application to amend orders refused

Orders

  • No amendment to the previous orders for costs
  • Costs to remain as previously ordered