ASCF Funding Solutions Pty Ltd v SL Property Maintenance Pty Ltd

ASCF Funding Solutions Pty Ltd (the plaintiff) brought an action against SL Property Maintenance Pty Ltd (the defendant) in the Supreme Court of New South Wales. The dispute revolved around the interpretation of a contract and the defendant's alleged breach of its terms. The plaintiff sought damages for breach of contract, and the defendant denied liability. The case was heard and decided by Justice Edelman.

The primary legal issue the court had to resolve was whether the usual rule that costs follow the event should be departed from. The plaintiff argued that the defendant ran every conceivable argument and did not focus its case, thus justifying a departure from the usual position. The defendant, on the other hand, submitted that the case was conducted in a timely and efficient manner and that the plaintiff should be ordered to pay indemnity costs. Another issue was whether there should be an order for indemnity costs due to the defendant's modest Calderbank offer, which involved very little compromise.

Justice Edelman considered the arguments and found that the defendant's case, while extensive, did not warrant a departure from the usual rule regarding costs. The judge observed that the case was conducted efficiently and that it was reasonable for the plaintiff to reject the defendant's Calderbank offer. The judge concluded that the plaintiff was to pay the defendant's costs on the ordinary basis.

In conclusion, the court decided that the usual rule that costs follow the event would apply, and the plaintiff would be responsible for the defendant's costs on the ordinary basis. No order for indemnity costs was made.