Becker v Queensland Investment Corporation and Bovis Lend Lease Pty Ltd (No 2)

[2009] ACTSC 147

Supreme Court of the ACT

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Whether rejection of offer was unreasonable
6. › Factors relevant to assessment of unreasonableness
7. › Whether offer foreshadowing indemnity costs application is essential
1. Practice and Procedure
2. › Costs
3. › Calderbank offer
4. › Formal requirements
5. › Whether reference to 'principles in Calderbank v Calderbank' sufficient
6. › Evidence Act 1995 (Cth), s 131(2)(h)
1. Practice and Procedure
2. › Costs
3. › Date from which indemnity costs order runs
4. › Whether date of rejection or expiry of offer is relevant date

Quick Take

A Calderbank offer need not be marked 'without prejudice save as to costs' — a reference to 'the principles in Calderbank v Calderbank' is sufficient. It is not essential that the offer foreshadow an application for indemnity costs. The relevant date for indemnity costs is the date of rejection, expiry, or a reasonable time after the offer was made.