Par Recycling Services Pty Ltd v United Resource Management Pty Ltd (No 2) [2022] NSWSC 1405

Par Recycling Services Pty Ltd v United Resource Management Pty Ltd (No 2) [2022] NSWSC 1405

Rejection of PAR's Calderbank offer was unreasonable, justifying indemnity costs from 20 August 2022; the evidence established misleading and deceptive conduct against both URM and Johnston, warranting money orders against both; a declaration that the contract was void ab initio had no practical utility and was refused.

Jurisdiction
Australia
Judgment Date
17 October 2022
Procedural Posture
Civil / Post Trial, Costs and Final Orders
Outcome
Judgment for the Plaintiff on the statement of claim and second cross-claim; First Cross-Claim dismissed; Costs ordered as specified.
Legal Topics
['misleading and Deceptive Conduct' 'contract Voidness' 'indemnity Costs' 'party/party Costs' 'offers of Compromise']
['contracts' 'consumer Law' 'civil Procedure' 'costs'] ['misleading and Deceptive Conduct' 'contract Voidness' 'indemnity Costs' 'party/party Costs' 'offers of Compromise']

Case Brief

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Procedural Posture

Civil / Post Trial, Costs and Final Orders

Legal Issues

  1. 1 ['Whether a declaration that the contract was void ab initio should be made' 'Whether money orders should be made against both first and second defendants' 'Whether indemnity costs should be ordered following a rejected Calderbank offer']

Ratio Decidendi

Rejection of PAR's Calderbank offer was unreasonable, justifying indemnity costs from 20 August 2022; the evidence established misleading and deceptive conduct against both URM and Johnston, warranting money orders against both; a declaration that the contract was void ab initio had no practical utility and was refused.

Court Disposition

Judgment for the Plaintiff on the statement of claim and second cross-claim; First Cross-Claim dismissed; Costs ordered as specified.

Orders

  • ['Judgment for PAR on the statement of claim and the second cross-claim for $796,852.49 (including $109,499.89 interest to 20 September 2022) as against URM and Johnston;' 'Judgment for PAR for $605,277.06 (including $101,611.26 interest to 20 September 2022) as against URM and Johnston;' 'The First Cross-Claim is...