Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd [2020] NSWDC 936

Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd [2020] NSWDC 936

The offer made by Babylon Aluminium Pty Ltd satisfied the indicia of a Calderbank offer by referencing the Calderbank decision and the costs consequences of refusal, and was genuine with a significant compromise. The refusal by Khazma Aluminium Windows & Doors Pty Ltd was unreasonable, entitling the plaintiff to indemnity costs.

Parties
Plaintiff/cross Defendant: Babylon Aluminium Pty Ltd; Defendant/cross Claimant: Khazma Aluminium Windows & Doors Pty Ltd
Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Civil / Costs Determination
Outcome
Plaintiff's application for indemnity costs granted.
Legal Topics
Indemnity Costs, Offers of Compromise, Calderbank Offers, Costs Inclusive Offers
Civil Procedure Costs Indemnity Costs Offers of Compromise Calderbank Offers Costs Inclusive Offers

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Parties

Babylon Aluminium Pty Ltd

Plaintiff/cross Defendant

Khazma Aluminium Windows & Doors Pty Ltd

Defendant/cross Claimant

Procedural Posture

Civil / Costs Determination

Legal Issues

  1. 1 Whether the offer of compromise qualifies as a Calderbank offer permitting an indemnity costs order
  2. 2 Whether the offer complies with r 20.26 of the Uniform Civil Procedure Rules 2005 for costs consequences

Ratio Decidendi

The offer made by Babylon Aluminium Pty Ltd satisfied the indicia of a Calderbank offer by referencing the Calderbank decision and the costs consequences of refusal, and was genuine with a significant compromise. The refusal by Khazma Aluminium Windows & Doors Pty Ltd was unreasonable, entitling the plaintiff to indemnity costs.

Court Disposition

Plaintiff's application for indemnity costs granted.

Orders

  • The plaintiff's/cross-defendant's costs the subject of order 3 made on 2 October 2020 be assessed on an indemnity basis on and from 7 November 2019.