Tati v Stonewall Hotel Pty Ltd (No 2)

The proceeding concerned a motion brought by the plaintiff, Tati, against the defendant, Stonewall Hotel Pty Ltd, seeking to set aside a judgment entered in favour of the defendant. The dispute arose in the context of an earlier decision where the plaintiff had been unsuccessful in her claim.

The primary legal issue before the court was whether the plaintiff had established sufficient grounds to justify setting aside the judgment. This involved considering the plaintiff's conduct, particularly in relation to a Calderbank offer made by the defendant, and whether the plaintiff's rejection of that offer was unreasonable, thereby impacting any potential costs orders.

The court considered the principles governing the setting aside of judgments, noting that a Calderbank offer, while relevant to costs, does not create a presumption in favour of indemnity costs. The genuineness and reasonableness of the offer, and the reasonableness of its rejection, were key factors. The court found that the plaintiff had not demonstrated a sufficient basis to set aside the judgment, implying that the offer and its rejection were not so egregious as to warrant such an intervention.

Consequently, the motion to set aside the judgment was dismissed, and no orders were made as to the costs of the motion.