Plenty v Seventh Day Adventist Church of Port Pirie (No 2)

The matter before the court involved an appeal and cross-appeal concerning an application for the recovery of solicitor/client costs. The plaintiff, Plenty, was unsuccessful in their appeal, while the defendant, Seventh Day Adventist Church of Port Pirie, was successful in their cross-appeal. The central issue was whether the defendant's Calderbank offer warranted a special costs order in their favour.

The court examined the nature of the Calderbank offer and its implications for the allocation of costs. A Calderbank offer is a formal offer to settle made by a party prior to trial, which if not accepted, can result in the offeror being awarded costs if they ultimately succeed. The court found that the defendant's offer was genuine and that the circumstances justified a special costs order. Consequently, the defendant was entitled to recover the costs of the appeal and cross-appeal on a solicitor/client basis.

In light of the above findings, the court ordered that the defendant was to recover the costs of the appeal and cross-appeal on a solicitor/client basis. This decision emphasised the importance of genuine Calderbank offers in the allocation of costs and the court's discretion in such matters.