Event and Time
Event Description
On 27 July 2020, judgment was ordered for the defendant in the case Savills (NSW) Pty Ltd v ATF CTH Pty Ltd (2020) NSWSC 956, with rulings pending on the issue of costs.
Application and Claims
- The defendant sought an order for the plaintiff to pay its costs on the ordinary basis until 29 March 2019, and on an indemnity basis thereafter.
- The plaintiff opposed the order, challenging the validity of a Calderbank offer made by the defendant.
Judicial Decisions
The court ruled: 1. The plaintiff is to pay the defendant’s costs of the proceedings on the ordinary basis up to 19 April 2019 and on an indemnity basis thereafter.
Dispute Points and Legal Basis
Dispute Points
- Defendant’s Position:
- Claimed rightful entitlement to costs due to a Calderbank offer being made and subsequently rejected by the plaintiff. - Argued that the offer constituted a genuine attempt to compromise the proceedings and was valid despite being non-generous.
- Plaintiff’s Position:
- Contended that the Calderbank offer was defective and insufficient to constitute a true compromise, given it included costs. - Argued the rejection of the offer was reasonable, as the full context of the defendant’s case was not known at the time of rejection, notably the evidence that would be presented.
- Considerations of Evidence:
- The plaintiff was not aware of the specific evidence that the defendant planned to rely on until it was called during hearings. - The plaintiff argued that the expectation of the defendant's success was not clear at the time of the offer.