COSTS — offer of compromise — Calderbank offers — whether unreasonable for offeree to reject Calderbank offers — long history of disputation between parties — whether there was an element of real and genuine compromise in both offers — where first offer subject to set off against costs orders owed by offeree to offeror and did not include provision for interest — where second offer subject to set off against a fixed costs assessment in favour of offeree which was being appealed by offeree — uncertainty in the operation of the proposed set-off against costs orders — whether public policy principles underlying Calderbank offers supports finding that failure to accept offer unreasonable — HELD — not unreasonable for the offeree not to accept either offer
Case Details
Citation[2012] NSWSC 284
CourtNSWSC
JurisdictionNew South Wales
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