Walsh v KC & WL Brain Pty Ltd (No. 8) [2024] NSWDC 338

Walsh v KC & WL Brain Pty Ltd (No. 8) [2024] NSWDC 338

Plaintiff's rejection of a reasonable Calderbank offer dated 20 October 2023, after all relevant evidence had been exchanged and the case was clear, warrants an award of costs to the defendant on the ordinary basis until that date and on an indemnity basis thereafter; costs nevertheless must be paid by defendant to plaintiff for the discrete 'water issue' as identified in the principal judgment.

Jurisdiction
Australia
Judgment Date
29 May 2024
Procedural Posture
Civil Proceedings / Costs Determination Following Principal Judgment
Outcome
Plaintiff/cross-defendant to pay defendant/cross-claimant's costs on ordinary basis until 20 October 2023 and thereafter on an indemnity basis; defendant to pay plaintiff's costs in relation to the 'water issue'.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'offers of Compromise']
['civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offers' 'offers of Compromise']

Case Brief

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Procedural Posture

Civil Proceedings / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 ['Whether Defendant (Cross-Claimant) entitled to indemnity costs and, if so, from when']

Ratio Decidendi

Plaintiff's rejection of a reasonable Calderbank offer dated 20 October 2023, after all relevant evidence had been exchanged and the case was clear, warrants an award of costs to the defendant on the ordinary basis until that date and on an indemnity basis thereafter; costs nevertheless must be paid by defendant to plaintiff for the discrete 'water issue' as identified in the principal judgment.

Court Disposition

Plaintiff/cross-defendant to pay defendant/cross-claimant's costs on ordinary basis until 20 October 2023 and thereafter on an indemnity basis; defendant to pay plaintiff's costs in relation to the 'water issue'.

Orders

  • ["Plaintiff/cross-defendant to pay defendant's/cross-claimant's costs on the ordinary basis until 20 October 2023 and thereafter on an indemnity basis." "Defendant to pay plaintiff's costs for the 'water issue' as per principal judgment [2023] NSWDC 38, [84]-[88]."]