Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd t/as TRN Group (No 2) [2019] NSWSC 1663

Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd t/as TRN Group (No 2) [2019] NSWSC 1663

The 9 August 2017 letter from TRN constituted a valid Calderbank offer with a real element of compromise, and it was unreasonable for Futurepower not to accept it; therefore, an order for indemnity costs from the date of the offer is justified. Additionally, interest on costs is appropriate to be awarded immediately...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Costs Application / Post Trial; Determination of Costs and Interest
Outcome
Application for indemnity costs and interest on costs granted.
Legal Topics
['costs Following the Event' 'calderbank Offers' 'interest on Costs']
['civil Procedure' 'costs'] ['costs Following the Event' 'calderbank Offers' 'interest on Costs']

Source-derived case record

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Procedural Posture

Costs Application / Post Trial; Determination of Costs and Interest

Legal Issues

  1. 1 ["Whether the defendant's letter constituted a valid Calderbank offer justifying indemnity costs from its date" 'Whether the plaintiff should have accepted the 9 August 2017 offer' 'Whether order for interest on costs should be made immediately or left for assessment']

Ratio Decidendi

The 9 August 2017 letter from TRN constituted a valid Calderbank offer with a real element of compromise, and it was unreasonable for Futurepower not to accept it; therefore, an order for indemnity costs from the date of the offer is justified. Additionally, interest on costs is appropriate to be awarded immediately in the circumstances of the case.

Court Disposition

Application for indemnity costs and interest on costs granted.

Orders

  • ["Plaintiff to pay defendant's costs on the ordinary basis to 10 August 2017 and thereafter on the indemnity basis." 'Interest on costs awarded in the form sought by TRN.']