Dunworth v Mirvac Qld P/L (No 2)

In Dunworth v Mirvac Qld P/L (No 2), the plaintiff sought to recover costs from the defendant after a dispute over property matters. The case involved two proceedings: 4514 of 2009 and 4712 of 2009. The plaintiff claimed against the defendant for various property-related issues, and the defendant counterclaimed against the plaintiff. The court was tasked with deciding whether the defendant should be awarded costs on an indemnity basis under specific circumstances.

The primary legal issues before the court were whether the defendant's changes to its pleadings ten days before the trial materially affected the offer to settle and whether the defendant was entitled to recover costs on an indemnity basis. The court examined whether the changes to the defendant's pleadings had a substantial impact on the offer to settle, which could justify an order for costs on an indemnity basis. Additionally, the court considered the plaintiff's concession that costs should be awarded against her, which added complexity to the determination.

The court found that the changes to the defendant's pleadings did not materially affect the offer to settle, but the plaintiff's concession that costs should be awarded against her led to a different outcome. The court ordered that the plaintiff pay the defendant's costs in proceeding 4514 of 2009 on the indemnity basis, reflecting the significant concessions made by the plaintiff. In proceeding 4712 of 2009, the court ordered that the plaintiff pay the defendant's costs on the standard basis, considering the overall circumstances and the plaintiff's concessions.