Irving v Jones Lang LaSalle Australia Limited and another (No. 3) [2007] NSWIRComm 194

Irving v Jones Lang LaSalle Australia Limited and another (No. 3) [2007] NSWIRComm 194

The applicant's rejection of the respondents' Calderbank offer was not reasonable, warranting an order varying costs so that the applicant is to pay the respondents' costs from the day after the offer expired on a party and party basis, despite partial success by the applicant and unnecessary costs incurred seeking bonus documents.

Jurisdiction
Australia
Judgment Date
08 August 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Post Judgment Costs Determination
Outcome
Order 6 of the judgment dated 21 September 2006 varied: Respondents to pay applicant's costs up to and including 18 March 2002 on a party and party basis; applicant to pay respondents' costs from 19 March 2002 on a party and party basis, in an amount as agreed or assessed.
Legal Topics
['unfair Contract' 'costs' 'calderbank Offer']
['employment Law' 'industrial Law'] ['unfair Contract' 'costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Whether the applicant's rejection of the respondents' Calderbank offer was reasonable" "Appropriate exercise of the Court's discretion to award costs"]

Ratio Decidendi

The applicant's rejection of the respondents' Calderbank offer was not reasonable, warranting an order varying costs so that the applicant is to pay the respondents' costs from the day after the offer expired on a party and party basis, despite partial success by the applicant and unnecessary costs incurred seeking bonus documents.

Court Disposition

Order 6 of the judgment dated 21 September 2006 varied: Respondents to pay applicant's costs up to and including 18 March 2002 on a party and party basis; applicant to pay respondents' costs from 19 March 2002 on a party and party basis, in an amount as agreed or assessed.

Orders

  • ["Order 6 of the judgment orders made on 21 September 2006 is varied as follows: The respondents are to pay the applicant's costs up to and including 18 March 2002 on a party and party basis, and the applicant is to pay the respondents' costs on a party and party basis from 19 March 2002 in an amount as agreed or...