(re Floro) Bluescope Steel (AIS) Pty Limited v Amaca Pty Limited & Ors [2007] NSWDDT 7

(re Floro) Bluescope Steel (AIS) Pty Limited v Amaca Pty Limited & Ors [2007] NSWDDT 7

The offer of compromise made by the second and third cross-defendants was a valid offer despite not specifying a sum certain for interest or a specific mechanism for assessing interest; the terms allowed for determination by the tribunal and were not fatally uncertain. As the offer was not accepted in the relevant time, the cost consequences in Pt 42 r 15 apply.

Parties
Cross Claimant: Bluescope Steel (AIS) Pty Limited; First Cross Defendant: Amaca Pty Limited; Second Cross Defendant: Wallaby Grip Limited; Third Cross Defendant: Wallaby Grip (BAE) Pty Limited (In Liquidation)
Jurisdiction
Australia
Judgment Date
07 May 2007
Procedural Posture
Cross Claim / Ruling on Offer of Compromise and Costs
Outcome
Orders as to interest and costs following valid (but unaccepted) offer of compromise.
Legal Topics
Offer of Compromise, Calderbank Offer, Costs, Interest
Civil Procedure Offer of Compromise Calderbank Offer Costs Interest

Case Brief

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Parties

Bluescope Steel (AIS) Pty Limited

Cross Claimant

Amaca Pty Limited

First Cross Defendant

Wallaby Grip Limited

Second Cross Defendant

Wallaby Grip (BAE) Pty Limited (In Liquidation)

Third Cross Defendant

Procedural Posture

Cross Claim / Ruling on Offer of Compromise and Costs

Legal Issues

  1. 1 Whether the offer of compromise dated 17 October 2006 was a valid offer
  2. 2 Entitlement to costs and interest following settlement

Ratio Decidendi

The offer of compromise made by the second and third cross-defendants was a valid offer despite not specifying a sum certain for interest or a specific mechanism for assessing interest; the terms allowed for determination by the tribunal and were not fatally uncertain. As the offer was not accepted in the relevant time, the cost consequences in Pt 42 r 15 apply.

Court Disposition

Orders as to interest and costs following valid (but unaccepted) offer of compromise.

Orders

  • Second and third cross-defendants to pay interest to the cross-claimant in the sum of $5,632.71.
  • Second and third cross-defendants to pay costs of the cross-claim up to 17 October 2006.