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Cacas v Megameg (No 2)

Cacas v Megameg (No 2)

Case [2019] SADC 14

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AGLC: Cacas v Megameg (No 2) [2019] SADC 14
Case: [2019] SADC 14
Decision Date: 14 February 2019

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Cacas v Megameg (No 2) [2019] SADC 14

Cases Citing This Decision

Cases Cited

Statutory Material Cited

BHP Billiton Ltd v Parker [2012] SASCFC 73
Citation 1 (Para 2)

…the end the issue is whether the discretion should be exercised to depart from the usual basis of an order for costs (citation omitted). [7] (2012) 113 SASR 206.…
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53
Citation 2 (Para 8)

…m indicating that the driver, his wife, had not consumed any alcohol or taken any drugs within 12 hours before the collision. This was untrue. [12] [2011] FCAFC 53 (13 April 2011).…
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27
Citation 3 (Para 13)

…eadings and that there would be an equal sharing of misgivings about late pleadings. [6] Aon Risk Services Australia v Australian National University [2009] HCA 27; 239 CLR 175.…
Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 4) [2009] FCA 803
Citation 4 (Para 7)

…ght be a significant offer. In other circumstances it may involve no real give and take. [13] [2010] FCA 415; (2010) 222 FCR 102 at [90] et seq. [14] [2009] FCA 803 at [13] and [14].…
Baygol Pty Ltd v Foamex Polystyrene Pty Ltd [2005] FCA 1089
Citation 5 (Para 3)

…y the offeree’s action is doomed to failure, may deny a finding of unreasonableness in rejecting the offer (citations omitted). [9] [2005] FCA 1089; BC200505920 at [12]. [10] [2004] VSC 351; BC200406915 at [87].…
Morris v McEwen [2005] SASC 284
Citation 6 (Para 3)

…his period so as to mirror the time in the District Court Rules and in accordance with the principles set out in Morris v McEwen & Anor [2005] SASC 284. 5.This letter is written pursuant to the principles set out in Calderbank v Calderbank [1975] 3 ALL ER 333. 6.This letter is written on a without prejudice basis…
Leichhardt Municipal Council v Green [2004] NSWCA 341
Citation 7 (Para 5)

…turned its attention to the question of whether the offer was a valid and genuine offer of compromise. At [37]-[46], his Honour said as follows: [11] [2004] NSWCA 341. [37] In the circumstances of this case it is difficult to characterise the defendant's offer as merely a tactical step designed to secure the benefi…
Manly Council v Bryne (No 2) [2004] NSWCA 227
Citation 8 (Para 4)

…success were relevant to the reasonableness of the offer and the extent of the compromise: cf Manly Council v Bryne (No. 2) [2004] NSWCA 227.…
Wenzel v Australian Stock Exchange Ltd [2002] FCA 353
Citation 9 (Para 5)

…plaintiff's rejection of the offer was “unreasonable” under the general law: Multicon Engineering Pty Limited v Federal Airports Corp (1996) 138 ALR 425. That discretion is to be exercised in all the circumstances of the case: SMEC Testing Services Pty Limited (supra) at [37] per Giles JA affirmed in Jones v Bradley…
Hillier v Sheather [1996] NSWCA 486
Citation 10 (Para 5)

…Court to depart from the general rule there must be particular grounds on which the Court can exercise its discretion: Hillier v Sheather (1995) 36 NSWLR 414. A defendant must resort to showing that the plaintiff's rejection of the offer was “unreasonable” under the general law: Multicon Engineering Pty Limited v Fede…
Clark v Commissioner of Taxation [2010] FCA 415
Citation 11 (Para 7)

…where costs are quite high and in a business sense it might be a significant offer. In other circumstances it may involve no real give and take. [13] [2010] FCA 415; (2010) 222 FCR 102 at [90] et seq. [14] [2009] FCA 803 at [13] and [14].…
Aljade and MKIC v OCBC [2004] VSC 351
Citation 12 (Para 3)

…, may deny a finding of unreasonableness in rejecting the offer (citations omitted). [9] [2005] FCA 1089; BC200505920 at [12]. [10] [2004] VSC 351; BC200406915 at [87].…
Cacas v Megameg [2018] SADC 127
Citation 13 (Para 1)

…dant Megameg Pty Ltd as landlord of the subject property. The discussion in this judgment will assume a thorough knowledge of the first judgment. [1] [2018] SADC 127.…
Parker v BHP Billiton Limited (No 2) [2011] SADC 175
Citation 14

…F, referred to. Calderbank v Calderbank [1975] 3 ALL ER 333; Aon Risk Services Australia v Australian National University [2009] HCA 27; 239 CLR 175; BHP Billiton v Parker (2012) 113 SASR 206; Leichhardt Municipal Council v Green [2004] NSWCA 341; Sagacious Legal Pty Ltd v Westfarmers General Insurance Ltd [2011] FCAFC 53; Cla…

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