Alpine Pty Ltd v Brisbane City Council

Alpine Pty Ltd was the applicant in this case against the Brisbane City Council, the respondent. The matter concerned a judicial review application that Alpine had brought against the Council. The Council was now seeking indemnity costs for the unsuccessful application. The case was heard in the Queensland Supreme Court. The primary legal issue for the court to determine was whether Alpine's rejection of a Calderbank offer made by the Council was unreasonable. A Calderbank offer is a settlement offer made by a party without any admission of liability, which if rejected, may result in an order for indemnity costs against the rejecting party.

The court considered the nature and timing of the Calderbank offer, the reasonableness of Alpine's rejection, and the consequences of the rejection. The court found that the offer was genuine and made in good faith, and that Alpine's rejection was unreasonable. The court held that Alpine's opposition to the costs order on an indemnity basis was also unreasonable. Consequently, the court ordered that Alpine pay the Council's costs on a standard basis. The court emphasized the importance of considering Calderbank offers seriously, as they can provide a pathway to resolving disputes without the need for costly litigation.