E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296

E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296

It was not unreasonable for the defendant not to accept the plaintiff’s Calderbank offer, given the complexity of the proceedings, the late proposed amendments by the plaintiff coinciding with the offer, the uncertainty as to scope and evidence of the claim at the time, and the short period the offer was open....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Judgment / Costs Determination After Judgment
Outcome
Order defendant to pay plaintiff's costs of the proceeding on the ordinary basis.
Legal Topics
['costs' 'party/party' 'indemnity Costs' 'calderbank Offers' 'civil Procedure']
['equity'] ['costs' 'party/party' 'indemnity Costs' 'calderbank Offers' 'civil Procedure']

Source-derived case record

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

Judgment / Costs Determination After Judgment

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs on the indemnity basis from a specified date or only on the ordinary basis following the event" "Whether it was unreasonable for the defendant to reject the plaintiff's Calderbank offer"]

Ratio Decidendi

It was not unreasonable for the defendant not to accept the plaintiff’s Calderbank offer, given the complexity of the proceedings, the late proposed amendments by the plaintiff coinciding with the offer, the uncertainty as to scope and evidence of the claim at the time, and the short period the offer was open. Therefore, the defendant should pay the plaintiff’s costs on the ordinary basis and not an indemnity basis.

Court Disposition

Order defendant to pay plaintiff's costs of the proceeding on the ordinary basis.

Orders

  • ["Order the defendant to pay the plaintiff's costs of the proceeding on the ordinary basis."]