Growthbuilt Pty Ltd v Modern Touch Marble and Granite Pty Ltd (No 2)

Growthbuilt Pty Ltd initiated legal proceedings against Modern Touch Marble and Granite Pty Ltd and two other defendants. The dispute centred on the costs incurred by Growthbuilt in relation to the litigation. The matter was heard in the Supreme Court of South Australia. Growthbuilt sought an indemnity costs order against all three defendants based on a Calderbank offer, which required the defendants to pay a settlement sum on a joint and several basis. However, Growthbuilt withdrew its claim against one of the defendants during the hearing.

The court had to determine whether it was reasonable for the first and second defendants to reject the Calderbank offer and whether the third defendant was entitled to a Bullock or Sanderson order in relation to the costs. The court examined the circumstances surrounding the Calderbank offer and the reasons for the defendants' refusal. It also considered the implications of the withdrawal of the claim against the third defendant.

The court found that it was not reasonable for the first and second defendants to reject the Calderbank offer, as they had not provided sufficient justification for their refusal. Consequently, the application for indemnity costs against these defendants was refused. Regarding the third defendant, the court rejected the application for a Bullock or Sanderson order, as the withdrawal of the claim against the defendant did not warrant such relief. As a result, the third defendant was not required to pay any additional costs to Growthbuilt.

The court did not make any final orders in relation to the costs, as the applications for indemnity costs and Bullock and Sanderson orders were refused. The parties were left to bear their own costs as determined by the court's assessment of the proceedings.