The Court declined to award indemnity costs on the basis of unreasonable refusal of offers of compromise or a Calderbank offer, holding that where a proceeding was dismissed prior to any determination of liability or quantum, the court was not in a position to assess whether refusal was unreasonable. However, the Court awarded indemnity costs from 30 April 2025 on the separate basis that the plaintiff's prolonged inaction and failure to comply with court orders from that date constituted a breach of overarching obligations under the Civil Procedure Act 2010 (Vic), warranting departure from the standard basis. The Court also rejected the plaintiff's submission that costs should be deferred pending a possible appeal.
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