SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
McWilliam AsJ
On 30 January 2020, I made orders in relation to a claim for breach of contract concerning a former employee of Hewlett-Packard Australia Pty Ltd (ACN 004 394 763) (the plaintiff). Judgment was entered for the plaintiff in the sum of $309,750.39 plus interest in the sum of $61,568.19. Order 2 of the orders made on that day was that the defendant pay the plaintiff’s costs, but the parties were given the opportunity to seek a variation of the costs order: see Subasic v Hewlett-Packard [2020] ACTSC 2 (Subasic) at [117]-[118].
The plaintiff has subsequently applied to the Court for such a variation. She seeks that the defendant pay the plaintiff’s costs on an indemnity basis, or alternatively on a solicitor and client basis.…
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- Case
- [2020] ACTSC 195
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the initial offer and whether it sufficiently disclosed the anticipated cause of action. The court found that the initial offer did not sufficiently disclose the anticipated cause of action and therefore was not a valid Calderbank offer. The defendant subsequently made another offer in accordance with the Court Procedure Rules 2006 (ACT), rule 1002, which the plaintiff accepted. The court had to determine whether the orders made by it were no less favourable than the offer made by the defendant and whether the orders for costs were appropriate.
The court concluded that the orders it made were no less favourable than the offer and awarded the plaintiff solicitor and client costs from the date of the formal offer. The court held that the defendant's rejection of the initial offer was not unreasonable as it did not sufficiently disclose the anticipated cause of action. However, the court also found that the defendant's subsequent offer, which complied with the Court Procedure Rules, was reasonable and should have been accepted by the plaintiff. The court's decision highlights the importance of making a valid Calderbank offer that sufficiently discloses the anticipated cause of action.
Orders
Orders of the court
See [55]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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