Watton v MacTaggart (No 2)

In the case of Watton v MacTaggart (No 2), the dispute between the parties centred around the quantification of costs, specifically in relation to an indemnity basis and exceptions to the general rule that costs follow the event. The matter was heard in the Supreme Court of Queensland. The case involved the estate of a deceased individual and the appropriate party to bear the costs of legal proceedings.

The central legal issue was whether the party that made a Calderbank offer could be held liable for the costs of the proceedings, particularly when the offer was not accepted and the party that made the offer was ultimately unsuccessful. Additionally, the court had to determine the proper quantification of costs, including whether they should be borne by the estate or the opposing party.

The court found that the party that made the Calderbank offer was not liable for the costs of the proceedings, as the offer was not accepted and the party was unsuccessful. The court also held that the costs should be quantified on an indemnity basis, meaning that the unsuccessful party must pay the costs of both parties. The court further ruled that the costs should be paid out of the estate of the deceased individual, as the estate was the proper party to bear the costs of the proceedings.

The court's decision resulted in the successful party being awarded costs on an indemnity basis, to be paid by the estate of the deceased individual. The court held that the unsuccessful party, who made the Calderbank offer, was not liable for the costs of the proceedings. The final orders of the court mandated that the estate of the deceased individual bear the costs of the proceedings, quantified on an indemnity basis, and that the unsuccessful party was not liable for any costs.