Hardingham v RP Data Pty Limited (No 2) [2021] FCAFC 175 (01 October 2021) (Greenwood, Rares and Jackson JJ)


Catchwords:


PRACTICE AND PROCEDURE – costs – whether costs should be paid on an indemnity basis following rejection of offer of settlement – where offer of settlement made on without prejudice except as to costs basis – where offer not mention seeking indemnity costs if rejected – whether offer in accordance with Calderbank v Calderbank [1976] Fam 93 – whether rejection of offer was imprudent or unreasonable