Supreme Court Awards Costs on Ordinary Basis
⚖️ Legal holding
The court will award costs on an ordinary basis when the plaintiffs succeed in their claims and the defendants' refusal to accept Calderbank offers was reasonable.
📖 What the law says
This section allows a court to make certain orders if a company's liquidator applies and the court finds that a transaction of the company is voidable due to section 588FE. These orders can include directing a person to pay back money or transfer property related to the transaction, requiring a person to pay an amount representing the benefits they received from the transaction, releasing or discharging debts, securities, or guarantees, and making declarations about agreements related to the transaction.
Plain-English explanation — does not replace advice from a legal practitioner.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The plaintiffs achieved practical success in the overall outcome of their claim.
- The unsuccessful aspects of the plaintiffs' claim were not dominant or time-consuming enough to warrant dividing costs.
- The first and second defendants did not oppose a standard costs order against them.
- The third defendant did not resist the usual costs order for the proceedings.
❌ Tends to be rejected
- The plaintiffs' Calderbank offers were made before a significant late amendment to their claim.
- The plaintiffs' initial gross sum costs claim included a significant amount of unrecoverable costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the defendants should pay the costs of the proceedings on an ordinary basis or on an indemnity basis.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that if the plaintiff succeeds in their claims and the defendant's refusal to accept Calderbank offers is reasonable, the costs will be awarded on an ordinary basis.