Boss Constructions (NSW) Pty Ltd v Rohrig (NSW) Pty Ltd [No.2]

[2019] NSWSC 436

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Costs
1. claim and cross-claim dismissed
1. defendant /cross-claimant makes Calderbank Offer on the Friday preceding the commencement of the trial offering dismissal of the claim and $50,000 to be set off against a pre-existing costs order in its favour, the offer to be open until 10.00am on the day of the trial HELD
1. in substance there is no event because both parties won and lost and plaintiff/cross-defendant did not act unreasonably in not accepting the Calderbank Offer