Rodny v Stricke (No 2) [2020] NSWSC 950

Rodny v Stricke (No 2) [2020] NSWSC 950

The plaintiffs' rejection of the defendants' offers, which contained a genuine element of compromise and were reasonable in the circumstances, was unreasonable. Therefore, the defendants are entitled to costs on an indemnity basis from 12 November 2019 under UCPR r 42.15A.

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Costs Determination / Post Judgment Costs Order
Outcome
Plaintiffs ordered to pay defendants' costs on the ordinary basis up to and including 11 November 2019 and on an indemnity basis thereafter.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offers' 'indemnity Costs' 'party/party Costs']
['civil Procedure'] ['costs' 'offers of Compromise' 'calderbank Offers' 'indemnity Costs' 'party/party Costs']

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Procedural Posture

Costs Determination / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the defendants' costs on an indemnity basis following the rejection of offers of compromise and Calderbank offers." "Whether the plaintiffs' rejection of the defendants' offer was unreasonable."]

Ratio Decidendi

The plaintiffs' rejection of the defendants' offers, which contained a genuine element of compromise and were reasonable in the circumstances, was unreasonable. Therefore, the defendants are entitled to costs on an indemnity basis from 12 November 2019 under UCPR r 42.15A.

Court Disposition

Plaintiffs ordered to pay defendants' costs on the ordinary basis up to and including 11 November 2019 and on an indemnity basis thereafter.

Orders

  • ['Note that the defendants have applied in writing to my Associate for an order different from the one proposed in order (3) made on 25 June 2020.' "Order the plaintiffs to pay the defendants' costs of the proceedings on the ordinary basis up to and including 11 November 2019 and on an indemnity basis thereafter."]