Ceccon Transport Pty Ltd & Ors v Tomazos Group Pty Ltd (No 2)

[2017] NTSC 55

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Civil Law - Procedure
2. › Supreme Court Procedure - Practice Direction No. 6 of 2009
3. › Defendant’s failure to comply with Practice Direction No. 6 of 2009 caused delay and unnecessary costs to be incurred by plaintiffs and prevented proper consideration of an appropriate resolution of the proceedings
4. › Defendants ordered to pay costs on an indemnity basis
1. Civil Law
2. › PROCEDURE
3. › Discovery - Failure to give proper discovery prolonged the dispute
4. › Conduct falls far short of the conduct expected of a litigant properly advised in relation to the seriousness of complying with the obligation to give discovery
5. › Indemnity costs may be allowed
1. Civil Law - Procedure
2. › COSTS
3. › Calderbank settlement offer made by plaintiffs - Judgment less favourable to defendants than Calderbank offer
4. › Refusal of offer was unreasonable
1. Interest
2. › Interest on costs
3. › Whether a higher interest rate should be imposed where there is failure to comply with Practice Direction No. 6 of 2009