Cong Xu v Austino Property Development Pty Ltd (No 2) [2013] NSWSC 1559

Cong Xu v Austino Property Development Pty Ltd (No 2) [2013] NSWSC 1559

The plaintiff's offer contained only a minimal element of compromise and essentially required the defendant to capitulate publicly in exchange for $10,000, about 8% of the total claim, when the outcome was not so certain as to make rejection unreasonable. The defendant’s refusal to accept the offer was not unreasonable, so indemnity costs were not warranted.

Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Judgment on Costs Application / Post Judgment Determination of Costs
Outcome
Plaintiff's application for indemnity costs is refused; plaintiff to pay defendant's costs of the application.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']
['civil Procedure' 'equity'] ['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']

Case Brief

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Procedural Posture

Judgment on Costs Application / Post Judgment Determination of Costs

Legal Issues

  1. 1 ["Whether the defendant's refusal to accept the plaintiff's offer of compromise was unreasonable and whether this justified an award of indemnity costs to the plaintiff"]

Ratio Decidendi

The plaintiff's offer contained only a minimal element of compromise and essentially required the defendant to capitulate publicly in exchange for $10,000, about 8% of the total claim, when the outcome was not so certain as to make rejection unreasonable. The defendant’s refusal to accept the offer was not unreasonable, so indemnity costs were not warranted.

Court Disposition

Plaintiff's application for indemnity costs is refused; plaintiff to pay defendant's costs of the application.

Orders

  • ["The plaintiff's application for indemnity costs is refused." "Order the plaintiff to pay the defendant's costs of the application."]