Gresham Property Investments Limited v Global Consulting Services Pty Limited; Global Consulting Services Pty Limited v Gresham Property Investments Limited (No 2) [2018] NSWSC 433

Gresham Property Investments Limited v Global Consulting Services Pty Limited; Global Consulting Services Pty Limited v Gresham Property Investments Limited (No 2) [2018] NSWSC 433

Gresham is entitled to its costs on an indemnity basis from 26 July 2017 as the Active Defendants unreasonably rejected a genuine Calderbank offer. The Active Defendants are not entitled to indemnity costs for proving facts that were the subject of their notice to admit facts because the failure to admit those facts added little, if anything, to the costs of the case.

Jurisdiction
Australia
Judgment Date
11 April 2018
Procedural Posture
Equity Commercial List / Costs Determination After Substantive Judgment
Outcome
Costs orders; Plaintiff substantially successful; notice to admit costs claim rejected.
Legal Topics
['costs' 'offers of Compromise' 'party/party Costs' 'calderbank Offers' 'notice to Admit Facts']
['civil Procedure'] ['costs' 'offers of Compromise' 'party/party Costs' 'calderbank Offers' 'notice to Admit Facts']

Case Brief

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Procedural Posture

Equity Commercial List / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity basis following rejection of a Calderbank offer' 'Whether the Active Defendants should be entitled to indemnity costs for proving facts subject to a notice to admit facts']

Ratio Decidendi

Gresham is entitled to its costs on an indemnity basis from 26 July 2017 as the Active Defendants unreasonably rejected a genuine Calderbank offer. The Active Defendants are not entitled to indemnity costs for proving facts that were the subject of their notice to admit facts because the failure to admit those facts added little, if anything, to the costs of the case.

Court Disposition

Costs orders; Plaintiff substantially successful; notice to admit costs claim rejected.

Orders

  • ["The first defendant/first cross-claimant and second defendant/second cross-claimant pay the plaintiff/first cross-defendant's costs of the proceeding on the ordinary basis up to 25 July 2017 and on the indemnity basis after 25 July 2017, in each case, as agreed or assessed." 'The first defendant/first...