Technology Leasing Limited v Colan Bros Pty Ltd (No 2) [2013] NSWSC 771

It was not unreasonable for the plaintiff to reject the Calderbank offer as the issue raised was not manifestly unarguable, the compromise was minor, and there was confusion in the magistrate's reasoning that could reasonably have led the plaintiff to believe there was an arguable appeal.

Parties: Plaintiff: Technology Leasing Limited (CAN 071 702 264); First Defendant: Colan Bros Pty Ltd (ACN 002 642 168); Second Defendant: Jorja Investments Pty Ltd (ACN 120 846 022)
Jurisdiction: Australia
Judgment Date: 12 June 2013
Procedural Posture: Appeal / Costs Order Following Appeal Decision
Outcome: Plaintiff to pay the defendant's costs on the ordinary basis; no special order as to costs granted.
Legal Topics: Costs, Offer of Compromise, Calderbank Letter, Reasonableness of Offer Refusal

Civil Procedure Costs Offer of Compromise Calderbank Letter Reasonableness of Offer Refusal

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Parties

Technology Leasing Limited (CAN 071 702 264)

Plaintiff

Colan Bros Pty Ltd (ACN 002 642 168)

First Defendant

Jorja Investments Pty Ltd (ACN 120 846 022)

Second Defendant

Procedural Posture

Appeal / Costs Order Following Appeal Decision

Legal Issues

1 Whether it was unreasonable for the plaintiff to refuse the defendants' Calderbank offer of compromise regarding costs

Ratio Decidendi

Court Disposition

Plaintiff to pay the defendant's costs on the ordinary basis; no special order as to costs granted.

Orders

The plaintiff pay the defendant's costs of the proceedings as agreed or assessed on the ordinary basis.