Following a successful defence against an application to terminate a commercial lease, the respondents sought substantial indemnity costs.
The applicant argued costs should be limited to partial indemnity.
The court found that although the respondents' settlement offers were not formal Rule 49 offers, they were sincere efforts to resolve the matter on terms as favourable as the judgment.
The court exercised its discretion to consider the offers and awarded elevated costs fixed at $20,000.
