Shao v Zhang & Anor; Zhang & Anor v Shao (No 2) [2022] NSWDC 179

Shao v Zhang & Anor; Zhang & Anor v Shao (No 2) [2022] NSWDC 179

The Defendants were entitled to indemnity costs from 30 October 2020 because the Plaintiff unreasonably rejected a clear and genuine Calderbank offer. The court was satisfied that a gross sum costs order was appropriate based on the information provided and the conduct of the parties, and made orders accordingly for payment of specified costs and interest.

Jurisdiction
Australia
Judgment Date
26 May 2022
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Orders made for Plaintiff to pay Defendants' costs as specified, including on an indemnity basis after 30 October 2020, gross sum costs, pre- and post-judgment interest, and costs of the motion.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'gross Sum Costs Order' 'interest']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'gross Sum Costs Order' 'interest']

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the Defendants are entitled to costs on the indemnity basis after 30 October 2020' 'Whether the offers made by the Defendants satisfy the requirements of an offer of compromise or Calderbank offer' 'Whether a gross sum costs order should be made' 'Appropriate assessment of pre- and post-judgment interest']

Ratio Decidendi

The Defendants were entitled to indemnity costs from 30 October 2020 because the Plaintiff unreasonably rejected a clear and genuine Calderbank offer. The court was satisfied that a gross sum costs order was appropriate based on the information provided and the conduct of the parties, and made orders accordingly for payment of specified costs and interest.

Court Disposition

Orders made for Plaintiff to pay Defendants' costs as specified, including on an indemnity basis after 30 October 2020, gross sum costs, pre- and post-judgment interest, and costs of the motion.

Orders

  • ["The Plaintiff pay the Defendants' costs on the ordinary basis up to 30 October 2020, and on the indemnity basis thereafter." "Pursuant to Civil Procedure Act 2005 (NSW) section 98(4)(c), the Plaintiff pay the Defendants' costs as a gross sum costs order in the amount of $243,833.37, representing costs of...