He did so in spite of any relevant Rule 49 offers because the Defendant failed to disclose a highly significant document until 11 months after they filed the Defence. The defence relied upon a earlier contract presumably with language that limited the notice period. Only after the late disclosure of the second contract did the first contract become irrelevant.
The Judge relied on section 57.01(1)(f) in finding that higher than partial indemnity costs can be awarded where the ” losing party has engaged in behaviour worthy of sanction”
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