Savills (NSW) Pty Ltd v ATF CTH Pty Ltd (No 2) [2020] NSWSC 1098

Savills (NSW) Pty Ltd v ATF CTH Pty Ltd (No 2) [2020] NSWSC 1098

It was unreasonable for the plaintiff to reject the defendant’s Calderbank offer given the evidence available and circumstances. The defendant’s offer was a genuine compromise, and the discretion as to costs ought be exercised in favour of the defendant, awarding costs on an ordinary basis up to 19 April 2019 and on an indemnity basis thereafter.

Parties
Plaintiff: Savills (NSW) Pty Ltd; Defendant: ATF CTH Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 2020
Procedural Posture
Costs Application / Post Judgment; Determination of Costs Following Principal Judgment
Outcome
Plaintiff ordered to pay defendant's costs; ordinary basis up to 19 April 2019 and indemnity basis thereafter.
Legal Topics
Party/party Costs, Indemnity Basis, Calderbank Offers, Reasonable Rejection of Offer
Costs Party/party Costs Indemnity Basis Calderbank Offers Reasonable Rejection of Offer

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Parties

Savills (NSW) Pty Ltd

Plaintiff

ATF CTH Pty Ltd

Defendant

Procedural Posture

Costs Application / Post Judgment; Determination of Costs Following Principal Judgment

Legal Issues

  1. 1 Whether the defendant's Calderbank offer was a valid compromise offer
  2. 2 Whether rejection of the Calderbank offer by the plaintiff was unreasonable
  3. 3 Assessment of appropriate basis for costs (ordinary versus indemnity) after offer rejection

Ratio Decidendi

It was unreasonable for the plaintiff to reject the defendant’s Calderbank offer given the evidence available and circumstances. The defendant’s offer was a genuine compromise, and the discretion as to costs ought be exercised in favour of the defendant, awarding costs on an ordinary basis up to 19 April 2019 and on an indemnity basis thereafter.

Court Disposition

Plaintiff ordered to pay defendant's costs; ordinary basis up to 19 April 2019 and indemnity basis thereafter.

Orders

  • Order the plaintiff to pay the defendant's costs of the proceedings on the ordinary basis up to and including 19 April 2019 and on an indemnity basis thereafter.