The State of NSW v UXC Limited (No 2)

The State of New South Wales was the plaintiff, and UXC Limited was the defendant in this case. The dispute was about whether the plaintiff was entitled to indemnity costs for the defendant's unsuccessful offer of compromise. The case was heard in the Supreme Court of New South Wales. The defendant had made an offer of compromise to the plaintiff, which the plaintiff rejected. The defendant had also abandoned a cross claim for rectification, which the court found had no reasonable prospect of success.

The legal issues before the court were whether the defendant's offer of compromise was genuine and whether the defendant had abandoned its cross claim for rectification due to a lack of reasonable prospects. The court had to determine whether the plaintiff was entitled to indemnity costs for the defendant's unsuccessful offer of compromise. The court found that the defendant's offer of compromise was not genuine, and the defendant had abandoned its cross claim for rectification due to a lack of reasonable prospects. The court held that the plaintiff was not entitled to indemnity costs for the defendant's unsuccessful offer of compromise.

The court's reasoning was that the defendant's offer of compromise was not genuine, as it was made only to avoid indemnity costs. The defendant had abandoned its cross claim for rectification due to a lack of reasonable prospects, and therefore, the plaintiff was not entitled to indemnity costs. The court held that the plaintiff was not entitled to indemnity costs for the defendant's unsuccessful offer of compromise. The court found that the defendant's offer of compromise was not genuine, and the defendant had abandoned its cross claim for rectification due to a lack of reasonable prospects. The court held that the plaintiff was not entitled to indemnity costs for the defendant's unsuccessful offer of compromise.