Joudo v Joudo (No 2) [2024] NSWSC 469

Joudo v Joudo (No 2) [2024] NSWSC 469

There is no sufficient reason to depart from the usual rule that costs follow the event: the successful parties are Ronnie and Maria Joudo who should have their costs; the rejection of the Calderbank offer by Ravina Joudo was not unreasonable in the circumstances at the time, so indemnity costs are not justified.

Parties
Plaintiff/cross Defendant: Ravina Joudo; Defendant/first Cross Claimant: Maria Joudo; Second Cross Claimant: Ronnie Joudo
Jurisdiction
Australia
Judgment Date
24 April 2024
Procedural Posture
Equity / Costs Determination Following Primary Judgment
Outcome
Costs orders made as set out in judgment; no indemnity costs from 22 December 2023.
Legal Topics
Costs, Practice and Procedure, Constructive Trust, Calderbank Offer
Equity Costs Practice and Procedure Constructive Trust Calderbank Offer

Case Brief

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Parties

Ravina Joudo

Plaintiff/cross Defendant

Maria Joudo

Defendant/first Cross Claimant

Ronnie Joudo

Second Cross Claimant

Procedural Posture

Equity / Costs Determination Following Primary Judgment

Legal Issues

  1. 1 Whether there are grounds to depart from the usual rule that costs follow the event
  2. 2 Whether indemnity costs should be awarded following rejection of a Calderbank offer

Ratio Decidendi

There is no sufficient reason to depart from the usual rule that costs follow the event: the successful parties are Ronnie and Maria Joudo who should have their costs; the rejection of the Calderbank offer by Ravina Joudo was not unreasonable in the circumstances at the time, so indemnity costs are not justified.

Court Disposition

Costs orders made as set out in judgment; no indemnity costs from 22 December 2023.

Orders

  • The costs of the application for leave to amend the cross-claim be costs in the cause.
  • The plaintiff pay the defendant's costs of the statement of claim, as assessed or agreed.