The Leasing Centre (Aust) Pty Ltd v Rollpress Proplate Group Pty Ltd

The Leasing Centre (Aust) Pty Ltd, the plaintiff, brought proceedings against Rollpress Proplate Group Pty Ltd, the defendant, seeking a declaration that the defendant's conduct in terminating an agreement for the leasing of premises was unlawful and a declaration that the plaintiff was entitled to terminate the agreement. The case was heard in the Supreme Court of Victoria. The court was required to determine whether the plaintiff should be ordered to pay the defendant's costs on an indemnity basis and whether the court had the power to make such an order if one had already been made. The plaintiff also argued that the disclosure of the defendant's offer of compromise was a breach of contract warranting exclusion under the Evidence Act and precluded by the Civil Procedure Act. The court held that the offer of compromise did not breach the contract and that the Civil Procedure Act did not preclude disclosure as it only applied to court-ordered mediation. The court found that the plaintiff's non-acceptance of the defendant's offer was unreasonable as the plaintiff actively rejected the offer and made a counter-offer despite the absence of the defendant's evidence when the offer was made.
The court found that the plaintiff's non-acceptance of the defendant's offer was unreasonable, and therefore, the plaintiff should be ordered to pay the defendant's costs on an indemnity basis. The court held that the previous costs order did not preclude the court from making a further order as the previous order was not a final order. The court found that the disclosure of the defendant's offer of compromise did not breach the contract or contravene the Civil Procedure Act. The court held that the plaintiff's argument that the non-acceptance of the defendant's offer was not unreasonable as the defendant's evidence was not served when the offer was made was not persuasive as the plaintiff actively rejected the offer and made a counter-offer despite the absence of the defendant's evidence. The court ordered the plaintiff to pay the defendant's costs on an indemnity basis.