Lahoud v Lahoud (No 2) [2018] NSWSC 179

Lahoud v Lahoud (No 2) [2018] NSWSC 179

The Calderbank offer, in effect, required complete capitulation and contained no real element of compromise; thus, its refusal did not justify indemnity costs against the Victor parties. Both parties having brought weak claims and achieved equivalent failure, fairness dictates that each bear their own costs.

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Costs Application / Post Judgment (costs Determination After Principal Judgment)
Outcome
Each party apart from the sixth defendant to bear his or its own costs of both the summons and the cross-summons; no order as to the costs of today's argument.
Legal Topics
['costs' 'calderbank Offer' 'indemnity Costs' 'proportionality in Costs']
['civil Procedure'] ['costs' 'calderbank Offer' 'indemnity Costs' 'proportionality in Costs']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (costs Determination After Principal Judgment)

Legal Issues

  1. 1 ['Whether the refusal of a Calderbank offer justifies an order for indemnity costs' 'Whether an element of compromise existed in the Calderbank offer' 'Whether either party acted unreasonably so as to justify adverse costs orders']

Ratio Decidendi

The Calderbank offer, in effect, required complete capitulation and contained no real element of compromise; thus, its refusal did not justify indemnity costs against the Victor parties. Both parties having brought weak claims and achieved equivalent failure, fairness dictates that each bear their own costs.

Court Disposition

Each party apart from the sixth defendant to bear his or its own costs of both the summons and the cross-summons; no order as to the costs of today's argument.

Orders

  • ['Each party apart from the sixth defendant to bear his or its own costs of both the summons and the cross-summons.' "No order as to the costs of today's argument."]