Rob Anderson KC appeared for the applicants, instructed by Sparke Helmore.
The primary legal issues considered were whether the applicants acted unreasonably or imprudently in failing to accept a Calderbank offer, whether this subsequently justified an award of indemnity costs, and whether the costs of proceedings including the respondent’s counterclaim and costs thrown away due to amendments, should be awarded on the standard basis pursuant to rr 692 and 698 of the Uniform Civil Procedure Rules 1999 (Qld).
The court made order that the respondent’s counterclaim be dismissed and that the applicants are to pay the respondent’s costs of and incidental to the proceeding, including the counterclaim and costs thrown away due to amendments, to be assessed on the standard basis if not agreed.
The judgment can be read by clicking here
