Bird v Ford (No 2) [2013] NSWSC 429

Bird v Ford (No 2) [2013] NSWSC 429

Indemnity costs are ordered from 11 August 2012 due to plaintiffs' unreasonable rejection of genuine offers of compromise and their failure to better the offers at trial, fulfilling the requirements of the Uniform Civil Procedure Rules 2005 for such orders.

Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Costs Application / Post Trial Costs Determination
Outcome
Indemnity costs order in favour of defendants from 11 August 2012; ordinary costs order prior to that; defendants to pay plaintiffs' costs of motion for leave to tender Mr Davidson's affidavit.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offer' 'indemnity Costs' 'procedural Rules']
['civil Procedure'] ['costs' 'offers of Compromise' 'calderbank Offer' 'indemnity Costs' 'procedural Rules']

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Procedural Posture

Costs Application / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered following rejection of genuine offers of compromise including Calderbank offers and offers under Uniform Civil Procedure Rules 2005']

Ratio Decidendi

Indemnity costs are ordered from 11 August 2012 due to plaintiffs' unreasonable rejection of genuine offers of compromise and their failure to better the offers at trial, fulfilling the requirements of the Uniform Civil Procedure Rules 2005 for such orders.

Court Disposition

Indemnity costs order in favour of defendants from 11 August 2012; ordinary costs order prior to that; defendants to pay plaintiffs' costs of motion for leave to tender Mr Davidson's affidavit.

Orders

  • ["The plaintiffs pay the defendants' costs on the ordinary basis to 11 August 2012 and thereafter on an indemnity basis." "The defendants pay the plaintiffs' costs of the motion for leave to tender the affidavit of Mr Davidson."]