The Leasing Centre (Aust) Pty Ltd v Rollpress Proplate Group Pty Ltd [2010] NSWSC 877

The Leasing Centre (Aust) Pty Ltd v Rollpress Proplate Group Pty Ltd [2010] NSWSC 877

No existing binding costs order precluded further order; the plaintiff’s conduct in rejecting the defendants’ settlement offer was unreasonable; the offer and related correspondence were admissible for costs determination; indemnity costs warranted after 18 September 2009 due to plaintiff’s unreasonable refusal.

Jurisdiction
Australia
Judgment Date
06 August 2010
Procedural Posture
Equity Proceedings / Post Judgment Costs Determination
Outcome
Plaintiff ordered to pay defendants' costs, with assessment on ordinary basis until 18 September 2009 and on indemnity basis thereafter.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'settlement' 'mediation' 'evidence']
['civil Procedure' 'equity'] ['costs' 'offers of Compromise' 'indemnity Costs' 'settlement' 'mediation' 'evidence']

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Procedural Posture

Equity Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the court had power to vary or supplement a previously announced costs order' 'Whether the plaintiff should pay costs on the indemnity basis after 18 September 2009' 'Whether the disclosure of an offer was a breach of confidentiality and/or contract warranting exclusion under Evidence Act s 135(a)' 'Whether section 30(4) of Civil Procedure Act applied to the mediation']

Ratio Decidendi

No existing binding costs order precluded further order; the plaintiff’s conduct in rejecting the defendants’ settlement offer was unreasonable; the offer and related correspondence were admissible for costs determination; indemnity costs warranted after 18 September 2009 due to plaintiff’s unreasonable refusal.

Court Disposition

Plaintiff ordered to pay defendants' costs, with assessment on ordinary basis until 18 September 2009 and on indemnity basis thereafter.

Orders

  • ["Order that the plaintiff pay the defendants' costs of the proceedings, such costs to be assessed on the ordinary basis up to and including 18 September 2009 and on the indemnity basis after 18 September 2009." 'Judgment for the first defendant and second defendant on further amended statement of claim.' 'Judgment...