The Court ordered indemnity costs against the plaintiff in favour of the Council from 2 May 2025 based on unreasonable rejection of a walk-away Calderbank offer, but declined indemnity costs based on two other Calderbank letters — the first because it was unclear the plaintiff was worse off for declining, and the third because it required acceptance by a co-defendant (TfNSW) who did not accept. The Court ordered indemnity costs for the entirety of proceedings in favour of TfNSW on the basis that the claim against it was hopeless, with the central factual allegation conceded as unsustainable at hearing, and awarded interest on those costs from the date of payment under s 101(4)-(5) of the Civil Procedure Act 2005 (NSW).
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