Rare Nominees Pty Ltd v E-Coastal Developments Pty Ltd (No 2)

Rare Nominees Pty Ltd sought damages against E-Coastal Developments Pty Ltd and other defendants for alleged breaches of contract. The case came before the court to determine issues relating to costs. The court had to decide if a joint Calderbank offer was ineffective because one of the defendants succeeded in defending the proceeding, and whether the offer constituted a compromise. The court examined the terms of the offer and the context in which it was made. The court found that the joint offer did not constitute a compromise and was valid, but the defendant's success in defending the proceeding meant that the plaintiff was entitled to costs from that defendant. The court also found that the plaintiff was entitled to costs against another defendant, but not against a third defendant for proceedings up to a certain date. The court ordered that the plaintiff be allowed to file and read an affidavit, and that the defendants pay certain costs to the plaintiff and the plaintiff pay certain costs to the defendants.