Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd (No 2)

[2010] VSC 70

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Calderbank offer
5. › Effect of unaccepted offer
6. › Whether wholly successful defendant entitled to costs on indemnity basis
7. › Whether rejection of offer unreasonable
8. › Factors relevant to assessing reasonableness
9. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), O 26 rr 26.03, 26.04, 26.08, O 63 rr 63.02, 63.28, 63.29, 63.30, 63.31, 63.32
1. Practice and Procedure
2. › Costs
3. › Costs against non-party
4. › Controlling director of impecunious corporate plaintiff
5. › Whether sufficient connection between non-party and proceeding
6. › Whether just and equitable to order costs against non-party
7. › Supreme Court Act 1986 (Vic), s 24(1)

Quick Take

The rejection of a Calderbank offer is not unreasonable where the offeree's claim at law remains unresolved, even if the claim is otherwise weak. Once the claim at law is resolved against the offeree, rejection of a reasonable offer becomes unreasonable where the remaining claim is very weak. A non-party costs order against a controlling director of an impecunious corporate plaintiff may be made subject to a proviso that the director's liability does not arise until the company fails to meet its costs obligations.