In the matter of Cheal Industries Pty Ltd - Fitzpatrick v Cheal

[2012] NSWSC 932

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - application to reopen judgment of 1 June 2012 on basis of denial of procedural fairness - HELD - application to reopen judgment granted - judgment of 1 June 2012 varied
1. COSTS - Calderbank offer - whether rejection of Calderbank offer expressed to be "inclusive of costs" was unreasonable in the circumstances - HELD - rejection of second letter of offer was not unreasonable
1. COSTS - apportionment of costs - where plaintiffs succeeded overall, but defendants succeeded on a significant factual issue in the proceedings - where ultimate outcome obtained by plaintiffs was disproportionate to the costs involved in the litigation - whether costs should be apportioned according to the principle of proportionality - HELD - costs of the hearing apportioned in light of the factual issue on which the defendants succeeded and having regard to principles of proportionality