Global Alliance Network Pty Ltd v Sensis Pty Ltd (No 2) [2007] NSWCA 268

Global Alliance Network Pty Ltd v Sensis Pty Ltd (No 2) [2007] NSWCA 268

Global unreasonably rejected Sensis' Calderbank offer on the cross-claim, which would have led to a more favourable outcome for Global. Therefore, Sensis is entitled to its costs of the cross-claim in the District Court from 17 September 2005 on an indemnity basis. However, as the offer was not renewed after trial, indemnity costs do not apply on appeal. By contrast, Sensis had reasonable grounds for rejecting Global's Calderbank offer on the main claim due to the breadth of the release sought and the divided outcome in the Court of Appeal, with one judge in dissent.

Jurisdiction
Australia
Judgment Date
04 October 2007
Procedural Posture
Appeal / Post Judgment, Application to Vary Costs Orders Following Substantive Appeal Decision
Outcome
Orders varied in respect of costs; indemnity costs awarded on the cross-claim in the District Court from a specified date; appellant to pay costs of the application to vary orders.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']
['civil Procedure'] ['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']

Case Brief

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

Appeal / Post Judgment, Application to Vary Costs Orders Following Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered where a Calderbank offer was made and rejected' "Reasonableness of parties' conduct in accepting or rejecting offers of compromise" 'Appropriate period and scope for indemnity costs in District Court and on appeal']

Ratio Decidendi

Global unreasonably rejected Sensis' Calderbank offer on the cross-claim, which would have led to a more favourable outcome for Global. Therefore, Sensis is entitled to its costs of the cross-claim in the District Court from 17 September 2005 on an indemnity basis. However, as the offer was not renewed after trial, indemnity costs do not apply on appeal. By contrast, Sensis had reasonable grounds for rejecting Global's Calderbank offer on the main claim due to the breadth of the release sought and the divided outcome in the Court of Appeal, with one judge in dissent.

Court Disposition

Orders varied in respect of costs; indemnity costs awarded on the cross-claim in the District Court from a specified date; appellant to pay costs of the application to vary orders.

Orders

  • ["Amend [82(c)] of the Court's judgment of 27 July 2007 by adding: 'such costs to be paid on an indemnity basis as and from 17 September 2005 with respect to the proceedings in the District Court only.'" "Appellant to pay the respondent's costs of the application to vary Orders (c) and (d) made by this Court on 27...