In the case of Litfin v Wenck (No 2) [2024] QSC 220, the Supreme Court of Queensland dealt with an application for costs following the dismissal of an originating application. The applicant, Carolyn Jane Litfin, had sought modification or extinguishment of an easement, while the respondent, Cameron David Wenck, opposed this. The key issue was whether the rejection of the respondent's Calderbank offer—a proposal for a mutual dismissal of claims with each party bearing their own costs—was unreasonable. Given the significant expenses incurred and the absence of substantial compromise in the rejected offer, the court ruled that the respondent deserved costs on an indemnity basis from January 23, 2024, onwards. Costs incurred before this date were to be assessed on a standard basis.
Full text: https://www.sclqld.org.au/caselaw/148969