Hardingham v RP Data Pty Limited (No 2)

The case of Hardingham v RP Data Pty Limited (No 2) involved the appellants, Hardingham and others, appealing against the primary judge's decision and the respondents, RP Data and another, cross-appealing against the primary judge's decision. The main issue in this case was whether the appellants were entitled to indemnity costs from the respondents following the rejection of an offer of settlement made on a "without prejudice except as to costs" basis. The respondents opposed the appellants' claim for indemnity costs, arguing that the offer did not comply with Calderbank v Calderbank [1976] Fam 93, and that the rejection of the offer was not imprudent or unreasonable.

The Full Court considered the legal principles applicable to determining whether an offeree who fails to accept an offer of settlement can be ordered to pay the offeror's costs on an indemnity basis. The court found that the rejection of the offer must be either "imprudent or unreasonable" or "imprudent or plainly unreasonable." In this case, the court held that the rejection of the offer was imprudent or plainly unreasonable, and therefore, the appellants were entitled to indemnity costs from the respondents.

The court also considered the costs of the cross-appeal, and held that the respondents should pay the cross-appellant's costs of the cross-appeal. The court further held that the respondents should pay the appellants' costs of the appeal and, if any, the cross-appeal on a party and party basis up to 11:00am on 14 April 2020, and thereafter on an indemnity basis.

In conclusion, the Full Court ordered that the respondents pay the appellants' costs of the appeal and, if any, the cross-appeal on a party and party basis up to 11:00am on 14 April 2020, and thereafter on an indemnity basis. The court also ordered that the respondents pay the cross-appellant's costs of the cross-appeal.