COSTS – indemnity costs – successful plaintiff sought order for indemnity costs on basis of two offers of compromise – order not appropriate in relation to defendants’ failure to accept first offer – defendants’ refusal of second offer unreasonable – indemnity costs awarded
EVIDENCE – admissibility of affidavit evidence of settlement negotiations sought to be read on application for indemnity costs – whether evidence admissible under s 131(2)(e) or (g) – evidence rejected
Tim Castle appeared for the plaintiff.