West & Anor v The Owners Strata Plan No 54288 (No 2) [2009] NSWIRComm 61

It was reasonable for the applicants to reject the settlement offers as they did not adequately address their claims, were not all genuine attempts at compromise, and the applicants' actions were not unreasonable given the terms and timing of the offers. Therefore, indemnity costs were not warranted.

Parties: First Applicant: John Hosking West; Second Applicant: Heather West; Respondent: The Owners Strata Plan No 54288
Jurisdiction: Australia
Judgment Date: 08 May 2009
Procedural Posture: Application Under S 106 of the Industrial Relations Act 1996 / Post Judgment Costs Application
Outcome: Indemnity costs refused; earlier orders stand; specific costs orders made.
Legal Topics: Costs, Unfair Contracts, Calderbank Offers, Indemnity Costs

Employment Law Industrial Law Costs Unfair Contracts Calderbank Offers Indemnity Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

John Hosking West

First Applicant

Heather West

Second Applicant

The Owners Strata Plan No 54288

Respondent

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Post Judgment Costs Application

Legal Issues

1 Whether indemnity costs should be awarded following rejection of Calderbank offer
2 Whether rejection of settlement offers by applicants was unreasonable

Ratio Decidendi

Court Disposition

Indemnity costs refused; earlier orders stand; specific costs orders made.

Orders

Application for indemnity costs is dismissed.
Applicants to pay respondent's costs thrown away by vacation of the hearing on 23 March 2009.