The Court held that the unsuccessful respondents were not entitled to costs on the basis of alleged ulterior purpose, that without prejudice settlement offers were inadmissible on the costs application under s 67C of the Evidence Act 1929 (SA), and awarded the successful applicants standard costs with indemnity costs limited to the issuing of a subpoena necessitated by the respondents' failure to comply with discovery obligations, together with pre-judgment interest calculated from the end of the financial year in which lost profits would have been earned.
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