Walker Corporation Pty Ltd v Liu (No 2)

The case of Walker Corporation Pty Ltd v Liu (No 2) involved a dispute between the plaintiff, Walker Corporation Pty Ltd, and the defendant, Liu. The primary issue was whether the plaintiff's refusal to accept an offer from the defendant under a Calderbank offer was unreasonable and if the court should assess costs on an indemnity basis. The matter was heard in the Supreme Court of Queensland.

The central legal question the court had to address was whether the plaintiff's decision not to accept the defendant's Calderbank offer was unreasonable. Additionally, the court had to determine if the refusal to accept the offer justified an assessment of costs on an indemnity basis. The Calderbank offer was made in the context of ongoing litigation where the defendant proposed a settlement that the plaintiff declined.

In its reasoning, the court examined the circumstances surrounding the Calderbank offer and the plaintiff's refusal to accept it. The court found that the plaintiff's decision was not unreasonable given the nature of the offer and the context of the litigation. The court also considered whether the refusal warranted an indemnity costs order, ultimately deciding against it. The court held that the plaintiff's refusal to accept the defendant's offer was not unreasonable and did not justify an indemnity costs order.