Baker v Bunnings Group Limited (No 2) [2020] NSWDC 449

Baker v Bunnings Group Limited (No 2) [2020] NSWDC 449

The court declined to order indemnity costs because the plaintiff's rejection of the offers was reasonable at the time, she was not fully informed of the evidence that would be led against her, including key lay evidence and reports, and she had a contemporaneous expert report (Mr Dimopoulos's) in her favour, albeit ultimately incorrect. It would be unfair to penalise her when the knowledge at the time of refusal was incomplete.

Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Civil / Costs Ruling After Trial Judgment
Outcome
Application for indemnity costs dismissed; usual costs orders confirmed.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'calderbank Offers']
['civil Procedure'] ['costs' 'offers of Compromise' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Civil / Costs Ruling After Trial Judgment

Legal Issues

  1. 1 ["Whether indemnity costs should be awarded to the defendant following unaccepted offers of compromise and Calderbank offers; Whether the court should 'otherwise order' under UCPR 42.15A"]

Ratio Decidendi

The court declined to order indemnity costs because the plaintiff's rejection of the offers was reasonable at the time, she was not fully informed of the evidence that would be led against her, including key lay evidence and reports, and she had a contemporaneous expert report (Mr Dimopoulos's) in her favour, albeit ultimately incorrect. It would be unfair to penalise her when the knowledge at the time of refusal was incomplete.

Court Disposition

Application for indemnity costs dismissed; usual costs orders confirmed.

Orders

  • ['The Amended Notice of Motion filed in court on 31 July 2020 is dismissed.' "The defendant is to pay the plaintiff's costs of the Amended Notice of Motion filed on 31 July 2020 as agreed or assessed." 'The costs order made in favour of the defendant on 18 June 2020 is confirmed.']