Campolongo v Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd [2012] NSWSC 815

Campolongo v Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd [2012] NSWSC 815

While Club Marconi's Calderbank offer involved an element of compromise, it amounted substantially to a requirement that Mr Campolongo capitulate and pay the defendant's legal costs. It was not unreasonable for Mr Campolongo to reject the offer at the time, particularly as Club Marconi had not yet conceded the invalidity of the 2010 suspension. However, Mr Campolongo must pay Club Marconi’s costs of the proceedings on a party/party basis, except for costs thrown away by the need to prepare evidence to meet allegations related to the 2012 charges, which Mr Campolongo abandoned only late in the proceedings. Those costs are to be paid on an indemnity basis.

Parties
Plaintiff/respondent: Antonio Campolongo; Defendant/applicant: Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd
Jurisdiction
Australia
Judgment Date
18 July 2012
Procedural Posture
Civil (equity Division) / Post Judgment; Costs Orders
Outcome
Plaintiff to pay costs as ordered
Legal Topics
Costs, Offers of Compromise, Indemnity Costs, Declaratory Relief
Civil Procedure Costs Offers of Compromise Indemnity Costs Declaratory Relief

Case Brief

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Parties

Antonio Campolongo

Plaintiff/respondent

Club Marconi of Bossley Park Social Recreation & Sporting Centre Ltd

Defendant/applicant

Procedural Posture

Civil (equity Division) / Post Judgment; Costs Orders

Legal Issues

  1. 1 Whether principles in Calderbank v Calderbank warrant indemnity costs
  2. 2 Whether the letter of offer contained a genuine offer of compromise
  3. 3 Whether the rejection of the defendant's settlement offer was unreasonable

Ratio Decidendi

While Club Marconi's Calderbank offer involved an element of compromise, it amounted substantially to a requirement that Mr Campolongo capitulate and pay the defendant's legal costs. It was not unreasonable for Mr Campolongo to reject the offer at the time, particularly as Club Marconi had not yet conceded the invalidity of the 2010 suspension. However, Mr Campolongo must pay Club Marconi’s costs of the proceedings on a party/party basis, except for costs thrown away by the need to prepare evidence to meet allegations related to the 2012 charges, which Mr Campolongo abandoned only late in the proceedings. Those costs are to be paid on an indemnity basis.

Court Disposition

Plaintiff to pay costs as ordered

Orders

  • The plaintiff, Mr Campolongo, is to pay on an indemnity basis the costs of Club Marconi incurred in preparation of the affidavits of Nicholas Mamouzelos, Peta Dela Cruz, and Guiseppe Romeo sworn June 2012.
  • Otherwise, the plaintiff is to pay the costs of Club Marconi of the proceedings on a party/party basis.