The Court refused a Bullock or Sanderson order where the plaintiff succeeded against the first defendant (Council) but failed against the second defendant (Club), holding that the claims were not sufficiently interdependent and the Council's conduct in denying that a gate had been requested was reasonable and not causative of the plaintiff's decision to sue the Club. The Court also declined indemnity costs on the Club's Calderbank offer, finding it was not unreasonable for the plaintiff to reject a $1.75 million offer left open for only three days shortly before trial, particularly given the complexity of NDIS repayment obligations that would have needed resolution within that timeframe. Senior counsel's daily rate was certified at $10,020 rather than the scale maximum of $11,163 (plus GST), the Court holding that the usual rate sufficed where the liability issues were not overly complex despite the large quantum.
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