In PFJV Pty Ltd v Bartter Enterprises Pty Ltd (No 2) [2024] QSC 145, the Supreme Court of Queensland, led by Chief Justice Bowskill, dealt with the costs arising from a previously dismissed claim. The plaintiff, PFJV Pty Ltd, had its claim against Bartter Enterprises Pty Ltd dismissed following a trial. Subsequently, the parties made submissions regarding the costs of the proceeding, which were determined on the papers. The defendant had made multiple Calderbank offers that the plaintiff had rejected; however, Chief Justice Bowskill ruled that the rejections, while ultimately leading to a less favourable outcome for the plaintiff, were not unreasonable under the circumstances. Importantly, although the defendant sought costs on an indemnity basis, the court did not depart from the usual rule and ordered the plaintiff to pay the defendant’s costs, including reserved costs, on the standard basis.
top of page
bottom of page