Justice Macaulay’s judgment delivered 21 February 2018
A proceeding (concerning contribution to finalised dust diseases claims) settled. Following that agreement to settle, Amaca sought some of its legal costs from CSR on an indemnity rather than a standard basis. At issue was whether a plaintiff who obtains by settlement a litigation outcome more favourable than one it had previously offered to accept should be awarded indemnity costs from the date of its offer. In this case the application was refused.
Published on 28 February 2018
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