SSABR Pty Ltd v AMA Group Ltd (No 2) [2024] NSWSC 24

Supreme Court New South Wales

Medium Neutral Citation: SSABR Pty Ltd v AMA Group Ltd (No 2) [2024] NSWSC 24 Hearing dates: On the papers; last submissions 19 January 2024 Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Indemnity costs ordered from Calderbank offer. Catchwords: COSTS – commercial dispute – plaintiffs serve Calderbank offer on Thursday, before trial commencing on the coming Monday – defendants make Calderbank counter-offer the same day, open for acceptance until 10am on Monday – term of both offers that previous costs orders be vacated – plaintiffs lose at trial. INDEMNITY COSTS – whether reasonable compromise given term requiring vacation of previous costs orders – whether indemnity costs appropriate where it was not necessary for the Court to determine some of the issues advanced by the plaintiffs – whether period of time for acceptance was reasonable in the circumstances. Cases Cited: A v Bird [2020] NSWSC 1680 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Goo v Sim (No 2) [2022] NSWSC 651 In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) (No 2) [2021] NSWSC 1161 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 SSABR Pty Ltd v AMA Group Ltd [2023] NSWSC 1551 Category: Costs Parties: SSABR Pty Ltd (First Plaintiff) HAAPRC Pty Ltd (Second Plaintiff) AMA Group Ltd (First Defendant) AMA Group Solutions Pty Ltd (Second Defendant) Representation: Counsel: Mr JA Redwood SC / Ms SK Hill (Plaintiffs) Mr MA Robins KC / Mr S Fitzpatrick (Defendants)