In RNL Sons Pty Ltd as Trustee for the ZNX Family Trust v TMDF Pty Ltd (No 2) [2024] QMC 9, the plaintiff RNL Sons Pty Ltd, acting as trustee for the ZNX Family Trust, sought a resolution regarding costs following an earlier judgment where their claim was dismissed. The Brisbane Magistrates Court, presided over by Magistrate J. Pinder, ordered that the plaintiff pay the defendant TMDF Pty Ltd’s costs to be assessed on a standard basis, following the principle that costs usually follow the event. The court considered several Calderbank offers made by the defendant, which were rejected by the plaintiff, and determined that there was no basis to assess costs on an indemnity basis despite the prior settlement offers. Ultimately, it was decided that due to the nature and complexity of the proceedings, the costs would be assessed by a Cost Assessor rather than fixed by the court.
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