Access Training Group Limited v James Michael Jane; Access Group Training Limited v Venture Capital Fund Australia Limited (No 2)

The case of Access Training Group Limited v James Michael Jane; Access Group Training Limited v Venture Capital Fund Australia Limited (No 2) dealt with the interpretation and application of provisions related to interest on costs and indemnity costs in the context of litigation in New South Wales. The primary parties involved were Access Training Group Limited, James Michael Jane, and Venture Capital Fund Australia Limited. The dispute primarily revolved around the calculation of interest on costs and the implications of a Calderbank offer made during the litigation process.

The court was tasked with determining whether interest on costs should be calculated in accordance with the statutory rates set out in section 100 of the Civil Procedure Act 2005 (NSW) and the Practice Note SC Gen 16, rather than the common law rates. Additionally, the court had to address the issue of whether costs incurred after the date of a Calderbank offer should be payable on an indemnity basis. The Calderbank offer, which is a conditional offer of settlement made by one party to another, often includes a provision that if the offer is not accepted and the party making the offer is successful, the other party will pay the costs on an indemnity basis.

In its decision, the court held that the statutory rates for interest on costs apply, thereby rejecting the argument that common law rates should be used. The court further clarified that costs incurred after the date of a Calderbank offer should be assessed on an indemnity basis if the offer is not accepted and the party making the offer is successful. This interpretation aligns with the principle that a Calderbank offer can provide a disincentive for unreasonable refusals to settle, ensuring that parties consider such offers more seriously. The court's reasoning was grounded in statutory interpretation and the established legal principles surrounding Calderbank offers. The final orders were made in favour of Access Training Group Limited, with costs awarded in accordance with the court's findings.