The Court awarded indemnity costs from the day after expiry of a Calderbank offer, finding the plaintiff's rejection was unreasonable given the weakness of his case, which failed entirely on both the implied term and factual agreement claims. The Court separately held that the plaintiff's pursuit of the 7B ASOC factual agreement claim — where the plaintiff himself conceded in cross-examination that no such agreement existed — independently justified indemnity costs as a claim destined to fail. The inclusion of a costs component in a Calderbank offer and limited time for acceptance did not preclude a finding of unreasonableness where the parties were well advanced in trial preparation and the offeree failed to seek an extension of time.
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