Ryan v A F Concrete Pumping Pty Limited (No 2) [2013] NSWSC 219

Ryan v A F Concrete Pumping Pty Limited (No 2) [2013] NSWSC 219

A F Concrete's unreasonable refusal of a Calderbank offer and unreasonable conduct in defending and cross-claiming justified indemnity costs orders against it from 26 November 2012, as well as Sanderson orders in favour of other parties for costs incurred due to A F Concrete's conduct.

Parties
First Plaintiff: Jeffrey Ryan; Second Plaintiff: Reliance Pools International Pty Ltd; First Defendant: A F Concrete Pumping Pty Ltd; Second Defendant: GIO Limited Ltd; Cross Defendant: Employers Mutual NSW Ltd
Jurisdiction
Australia
Judgment Date
14 March 2013
Procedural Posture
Civil / Post Judgment (costs Orders With Reasons)
Outcome
Orders made for indemnity and ordinary costs, cross-claims determined, and costs distribution among parties clarified as per orders set out on 14 March 2013.
Legal Topics
Costs, Calderbank Offers, Indemnity Costs, Bullock and Sanderson Orders, Departing From General Rule for Costs, Unreasonableness of Conduct
Practice and Procedure Costs Calderbank Offers Indemnity Costs Bullock and Sanderson Orders Departing From General Rule for Costs Unreasonableness of Conduct

Case Brief

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Parties

Jeffrey Ryan

First Plaintiff

Reliance Pools International Pty Ltd

Second Plaintiff

A F Concrete Pumping Pty Ltd

First Defendant

GIO Limited Ltd

Second Defendant

Employers Mutual NSW Ltd

Cross Defendant

Procedural Posture

Civil / Post Judgment (costs Orders With Reasons)

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis following a Calderbank offer
  2. 2 Whether a Bullock or Sanderson order should be made
  3. 3 Whether the conduct of A F Concrete justified costs on an indemnity basis

Ratio Decidendi

A F Concrete's unreasonable refusal of a Calderbank offer and unreasonable conduct in defending and cross-claiming justified indemnity costs orders against it from 26 November 2012, as well as Sanderson orders in favour of other parties for costs incurred due to A F Concrete's conduct.

Court Disposition

Orders made for indemnity and ordinary costs, cross-claims determined, and costs distribution among parties clarified as per orders set out on 14 March 2013.

Orders

  • First defendant to pay the plaintiffs' costs on the ordinary basis up to 26 November 2012 and thereafter on an indemnity basis.
  • First defendant to pay the second defendant's costs of the proceedings on an indemnity basis.