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Calderbank
Bert & Ors v Red 5 Limited & Anor [2017] QSC 8 Applegarth J In 2016, the claim for damages by each of the plaintiffs was dismissed by Applegarth J in Bert v Red 5 Ltd [2016] QSC 302. The application concerned whether costs should be ordered against all plaintiffs and whether those costs should...
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J & D Rigging Pty Ltd v Agripower Australia Limited & Ors [2014] QCA 23   The plurality of the court applied the Calderbank offer principles and the matters for discretion as enunciated in Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) when considering whether the offer was “unreasonably or imprudently” rejected....
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Reeves v O’Riley [2013] QCA 285 Holmes and Muir JJA and Mullins J, Judgment of the Court: [1] THE COURT: On 23 August 2013, this court dismissed with costs the appellant’s appeal against a declaration that certain correspondence constituted a binding agreement for the transfer of property.[1] Leave was given to the parties to make...
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 State of Queensland v Hayes (No 2) [2013] QSC 80   CATCHWORDS: COSTS – whether usual order as to costs that costs follow event should be made – Calderbank offer – whether indemnity costs should be ordered in part Philippides J   … The applicant’s costs application [4] The applicant now applies for a costs...
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Velvet Glove Holdings Pty Ltd v Mount Isa Mines Limited (No 2) [2011] QSC 156 Margaret Wilson J helpfully summarised in this decision the criteria for consideration of “unreasonableness” when determining when indemnity costs should be ordered: [6] The defendant has submitted that the plaintiff’s rejection of the Calderbank offer was unreasonable and that in...
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Blundstone v Johnson & Anor [2010] QCA 258 Issue: whether indemnity costs should be allowed following a Calderbank offer. I refer to my earlier posting wherein leave to appeal was refused in this matter. Chesterman JA and Atkinson J concurred with Holmes JA, who heard the appeal refused indemnity costs on the basis it did...
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East West Airlines Limited v Turner (No 2) [2010] NSWCA 159 The principles of when indemnity costs should be considered were helpfully reviewed by Allsop P; Handley AJA; Hoeben J: 13. This Court has held on a number of occasions that a Calderbank offer does not trigger an automatic order for indemnity of costs. The...
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Kloprogge v Queensland University of Technology (No 2) [2017] QDC 118 Searles DCJ The plaintiff obtained judgement for damages of $663,000 for breach of contract. The plaintiff sought an order that the defendant pay its costs on an indemnity basis while the defendant sought their costs to be assessed on a standard basis. Legislation Rule...
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Pollock v Thiess Pty Ltd & Ors (No 3) [2014] QSC 121 McMeekin J reviewed the authorities concerning s 39 of the Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”) and came to the conclusion the onus of proof effectively shifted to the party denying indemnity costs – to establish a prudent reason to reject an...
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Roberts v Prendergast [2013] QCA 89   JUDGES: Chief Justice and Fraser and Gotterson JJASeparate reasons for judgment of each member of the Court, Fraser and Gotterson JJAconcurring as to the order made, Chief Justice dissenting ORDER:  Appellant to pay the respondent’s costs of the appeal on the standard basis. CATCHWORDS:  APPEAL AND NEW TRIAL...
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