NIML Ltd v MAN Financial Australia Ltd (No 2)

NIML Ltd sued MAN Financial Australia Ltd for various financial losses. The defendant denied liability and counterclaimed for costs. The court had to determine whether NIML Ltd should pay costs on a solicitor and client basis, whether the plaintiff made allegations of fraud knowing them to be false or irrelevant, and whether the plaintiff unreasonably rejected a settlement offer. The court held that NIML Ltd should pay costs on a party and party basis. The court found that the plaintiff's allegations of fraud were not made in good faith, and the rejection of the settlement offer was imprudent and unreasonable. The court also held that the plaintiff had failed to establish a reasonable prospect of success on the merits.

The court considered the conduct of NIML Ltd in making the allegations of fraud, and the court found that the plaintiff had acted unreasonably in doing so. The court found that the plaintiff had made the allegations despite knowing that they were false or irrelevant. The court also considered the plaintiff's conduct in rejecting the defendant's offer of settlement. The court found that the plaintiff had acted imprudently and unreasonably in rejecting the offer, and that the plaintiff had failed to establish a reasonable prospect of success on the merits. The court concluded that the plaintiff should pay costs on a party and party basis. The court awarded costs to the defendant on the basis that the plaintiff had acted unreasonably in making the allegations of fraud and in rejecting the offer of settlement.