The Court ordered indemnity costs from the date of rejection of a Calderbank offer where the defendants unreasonably persisted in a stay application under s 57 of the Domestic Building Contracts Act 1995 (Vic) despite an unfavourable preliminary view from the Judicial Registrar and well-established law on federal jurisdiction ousting VCAT. Costs incurred before the Calderbank offer were ordered on the standard basis. All costs were ordered taxable immediately and payable forthwith under r 63A.20.1, the Court finding all three recognised grounds were satisfied: unreasonable conduct of the unsuccessful party, likely delay of over 12 months to trial, and the discrete nature of the interlocutory issue. The Court also assumed jurisdiction to determine costs previously reserved by a Judicial Registrar who had since left the Court.
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