Montgomery v MyFootDr (Aust) Pty Ltd (No. 2)

Montgomery and others brought proceedings against MyFootDr (Aust) Pty Ltd and others for professional negligence, in relation to the provision of podiatry services. The case was heard in the Supreme Court of New South Wales, where the defendants sought an order that the plaintiffs pay their costs of the proceedings. The defendants claimed that the plaintiffs had unreasonably failed to accept Calderbank offers made by the defendants. The plaintiffs argued that the offers were not genuine and that they were unreasonable in failing to accept them. The Court considered whether the defendants' Calderbank offers were genuine and whether the plaintiffs' refusal to accept them was unreasonable. The Court found that the offers were genuine but that the plaintiffs' refusal to accept them was not unreasonable, as they were based on the belief that the offers were not in the best interests of the plaintiffs. The Court also found that the defendants' conduct in obtaining leave to file an Amended Defence was vexatious and oppressive, and ordered the defendants to pay the plaintiffs' costs of the Notice of Motion and any costs thrown away as a result of the Amended Defence. The Court ordered the plaintiffs to pay the defendants' costs of the proceedings, subject to the orders regarding the Notice of Motion and the Amended Defence.