Coyne v Calabro (No. 7) [2010] NSWSC 846

Coyne v Calabro (No. 7) [2010] NSWSC 846

The first defendant, Mrs Calabro, is to pay the plaintiffs’ costs of the proceedings, with costs on an indemnity basis after the date of the unreasonably refused Calderbank offer (20 October 2008). The second defendant’s liability for costs is limited to the plaintiffs’ claim against it under s 76 of the Cheques Act 1986 (Cth). It would not be just for the second defendant to bear the full risk of the first defendant’s potential insolvency, as its involvement was limited. The first defendant is also to indemnify the plaintiffs for reasonable costs payable to Malouf Real Estate on the ordinary basis, but not on an indemnity basis, excluding costs consequences of the plaintiffs' own...

Jurisdiction
Australia
Judgment Date
22 July 2010
Procedural Posture
Civil (equity) / Post Judgment/consequential Orders
Outcome
Orders made per para 28; costs apportioned as described in reasons; first defendant to pay plaintiffs’ costs with indemnity from 20 Oct 2008; second defendant to pay only prescribed costs; plaintiffs to pay certain costs of hearing.
Legal Topics
['costs' 'interest' 'joint and Several Liability' 'indemnity Costs' 'calderbank Offer' 'bullock Order']
['equity' 'civil Procedure'] ['costs' 'interest' 'joint and Several Liability' 'indemnity Costs' 'calderbank Offer' 'bullock Order']

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Procedural Posture

Civil (equity) / Post Judgment/consequential Orders

Legal Issues

  1. 1 ['Proper calculation of interest in the judgment' "Whether both defendants should be jointly and severally liable for plaintiffs' costs or apportioned" 'Entitlement to indemnity costs following a Calderbank offer' 'Whether a Bullock order or indemnification should be made for costs owed to a cross-defendant']

Ratio Decidendi

The first defendant, Mrs Calabro, is to pay the plaintiffs’ costs of the proceedings, with costs on an indemnity basis after the date of the unreasonably refused Calderbank offer (20 October 2008). The second defendant’s liability for costs is limited to the plaintiffs’ claim against it under s 76 of the Cheques Act 1986 (Cth). It would not be just for the second defendant to bear the full risk of the first defendant’s potential insolvency, as its involvement was limited. The first defendant is also to indemnify the plaintiffs for reasonable costs payable to Malouf Real Estate on the ordinary basis, but not on an indemnity basis, excluding costs consequences of the plaintiffs' own...

Court Disposition

Orders made per para 28; costs apportioned as described in reasons; first defendant to pay plaintiffs’ costs with indemnity from 20 Oct 2008; second defendant to pay only prescribed costs; plaintiffs to pay certain costs of hearing.

Orders

  • ['First defendant to pay plaintiffs’ costs up to 20 October 2008 on ordinary basis and on the indemnity basis thereafter.' 'Second defendant to pay plaintiffs’ costs of the claim against it in respect of interest under s 76 of the Cheques Act 1986 (Cth).' 'First defendant to pay to the plaintiffs so much of the...