Bartlem Pty Ltd v CMMC Pty Ltd (Receiver & Manager Appointed) [2001] FCA 1352
The making of a Calderbank offer to settle both claim and cross-claim on a walk-away basis did not justify a departure from the ordinary rule that costs follow the event, as the applicant/cross-respondent ultimately achieved a judgment on the merits that was better than the terms of the offer.
- Jurisdiction
- Australia
- Judgment Date
- 19 September 2001
- Procedural Posture
- Notice of Motion to Vary Costs Order / Post Judgment (costs Application)
- Outcome
- application to vary costs order dismissed with costs
- Legal Topics
- ['costs' 'settlement Offers' 'discretion in Costs Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion to Vary Costs Order / Post Judgment (costs Application)
Legal Issues
- 1 ['Whether a special order as to costs should be made based on a Calderbank offer' 'Application of ordinary costs principles following rejection of a settlement offer']
Ratio Decidendi
The making of a Calderbank offer to settle both claim and cross-claim on a walk-away basis did not justify a departure from the ordinary rule that costs follow the event, as the applicant/cross-respondent ultimately achieved a judgment on the merits that was better than the terms of the offer.
Court Disposition
application to vary costs order dismissed with costs
Orders
- ['The application to vary the order for costs made on the cross-claim on 30 August 2001 is dismissed.' 'The applicants on the notice of motion filed 12 September 2001 pay the respondent to the notice of motion its costs of and incidental to the notice of motion to be taxed if not agreed.']
Full Case Text
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