JKB Holdings Pty Ltd v de la Vega (No 5)

[2012] NSWSC 1238

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PROCEDURE - costs - offers of compromise under the UCPR - where offer contains term that defendants are to pay the plaintiffs' costs of proceedings as agreed or assessed - offer not exclusive of costs and therefore inconsistent with the UCPR
1. PROCEDURE - costs - offer of compromise under the UCPR - where offer did not state that it would be relied on for indemnity costs - where offer not capable of acceptance in absence of formal deed - offer not in accordance with the UCPR and cannot be relied on for indemnity costs
1. PROCEDURE - costs - Calderbank offers - where offer is not expressed to be Calderbank - where basis of calculation of offer not explained - where offer only open for seven days - offer cannot be relied on as Calderbank offer and in any event not established that it was unreasonable not to accept the offer
1. PROCEDURE - costs - conduct of parties - where party abandoned claim at the commencement of hearing - where party not successful on a point - insufficient to warrant order for indemnity costs