Lee Rumble & Anor v Liverpool Plains Shire Council & Ors [No. 2] [2012] NSWDC 99

Lee Rumble & Anor v Liverpool Plains Shire Council & Ors [No. 2] [2012] NSWDC 99

The plaintiffs unreasonably rejected a genuine Calderbank offer that was more favourable than the judgment obtained, justifying a variation of costs orders so the First Defendant pays costs up to the offer expiry and plaintiffs pay costs thereafter.

Jurisdiction
Australia
Judgment Date
20 July 2012
Procedural Posture
Civil / Costs Determination Post Judgment
Outcome
Costs orders varied; enforcement of judgment stayed pending assessment of costs and set-off.
Legal Topics
['costs' 'calderbank Offer']
['civil Procedure'] ['costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Civil / Costs Determination Post Judgment

Legal Issues

  1. 1 ['Whether costs orders should be varied following a Calderbank offer' "Whether plaintiffs' refusal of an offer constituted unreasonable conduct under Calderbank principles"]

Ratio Decidendi

The plaintiffs unreasonably rejected a genuine Calderbank offer that was more favourable than the judgment obtained, justifying a variation of costs orders so the First Defendant pays costs up to the offer expiry and plaintiffs pay costs thereafter.

Court Disposition

Costs orders varied; enforcement of judgment stayed pending assessment of costs and set-off.

Orders

  • ['Order No. 3 made on 5 July 2012 vacated.' "First Defendant to pay Plaintiffs' costs up to and including 16 May 2012 on an ordinary basis." 'Plaintiffs to pay costs of the First Defendant on and from 17 May 2012 on an ordinary basis.' "Plaintiffs to pay First Defendant's costs of the Motion heard on 13 July 2012 on...