The Court refused indemnity costs against unsuccessful plaintiffs, holding that a Calderbank offer requiring complete capitulation involved no genuine element of compromise, and that a second offer involving partial rectification was not unreasonable to reject given the inadequate acceptance period (weekend only), the absence of key evidence at the time of the offer, and the fact it would not have resolved the underlying dispute. The Court applied a 15% discount to the successful defendants' costs to reflect the abandonment at trial of unpleaded Australian Consumer Law defences and two expert reports that did not contribute to the determination of the proceedings.
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