Leslie Corbett v South 32 Limited (No 3) [2018] NSWDC 394

Leslie Corbett v South 32 Limited (No 3) [2018] NSWDC 394

Allfab was not entitled to indemnity costs. The 21 December 2017 Calderbank offer was a genuine offer of compromise because it gave reasons, was open for a reasonable time, was capable of immediate acceptance, and involved giving up a significant amount of costs, but Allfab did not establish that West Cliff's rejection was unreasonable, as the cross-claims were not plainly without merit and little was to be gained by accepting the offer when the case was not fully prepared. The 12 March 2018 offer did not support indemnity costs because it was conditional on the plaintiff discontinuing against Allfab and included uncertainty concerning a deed of release, so it was reasonable for West...

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Civil Costs Application / Application by Allfab Constructions Pty Limited for Indemnity Costs After Judgment Dismissing Cross Claims
Outcome
Allfab Constructions Pty Limited's application dismissed; no order as to the costs of the application.
Legal Topics
['party/party Costs' 'indemnity Costs' 'calderbank Offers' 'offers of Compromise' 'exceptions to the General Rule That Costs Follow the Event']
['civil Procedure' 'costs'] ['party/party Costs' 'indemnity Costs' 'calderbank Offers' 'offers of Compromise' 'exceptions to the General Rule That Costs Follow the Event']

Case Brief

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Procedural Posture

Civil Costs Application / Application by Allfab Constructions Pty Limited for Indemnity Costs After Judgment Dismissing Cross Claims

Legal Issues

  1. 1 ["Whether Allfab's 21 December 2017 offer was a genuine offer of compromise." "Whether West Cliff unreasonably rejected Allfab's 21 December 2017 offer." "Whether Allfab's 12 March 2018 offer supported an order for indemnity costs." "What costs order should be made on Allfab's application."]

Ratio Decidendi

Allfab was not entitled to indemnity costs. The 21 December 2017 Calderbank offer was a genuine offer of compromise because it gave reasons, was open for a reasonable time, was capable of immediate acceptance, and involved giving up a significant amount of costs, but Allfab did not establish that West Cliff's rejection was unreasonable, as the cross-claims were not plainly without merit and little was to be gained by accepting the offer when the case was not fully prepared. The 12 March 2018 offer did not support indemnity costs because it was conditional on the plaintiff discontinuing against Allfab and included uncertainty concerning a deed of release, so it was reasonable for West...

Court Disposition

Allfab Constructions Pty Limited's application dismissed; no order as to the costs of the application.

Orders

  • ["Allfab Constructions Pty Limited's application dismissed." 'No order as to the costs of the application.']