Dodds v Premier Sports Australia Pty Ltd and Ors (No 2) [2004] NSWSC 389

Dodds v Premier Sports Australia Pty Ltd and Ors (No 2) [2004] NSWSC 389

Costs were apportioned according to issues won and lost. Mr Dodds was entitled to costs of issues where Premier failed (wrongful conduct and dishonesty allegations) and Premier entitled to costs of contract terms regarding termination bonus and bonus commission calculation. Refusal of the Calderbank offer was reasonable because reputation was at stake beyond money. Set off order granted: costs owed by Mr Dodds to Premier are to be set off against the judgment debt for bonus commission. Interest on bonus commission to be paid from termination date; interest on statutory entitlement only up to tender date.

Parties
Plaintiff (50060/03); Defendant (50059/03): David James Maitland Dodds; First Defendant (50060/03); First Plaintiff (50059/03): Premier Sports Australia Pty Ltd; Second Defendant (50060/03); Second Plaintiff (50059/03): Sports Investments Australia Pty Ltd; Third Defendant (50060/03); Third Plaintiff (50059/03): News Limited
Jurisdiction
Australia
Judgment Date
05 May 2004
Procedural Posture
Commercial Equity Proceedings / Post Judgment; Costs and Related Orders
Outcome
Costs apportioned; Calderbank offer reasonably refused; set off allowed.
Legal Topics
Costs Apportionment, Calderbank Offer, Set Off, Termination Payment, Bonus Commission, Statutory Entitlements
Commercial Law Corporations Law Employment Law Equity Costs Apportionment Calderbank Offer Set Off Termination Payment +2 more

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Parties

David James Maitland Dodds

Plaintiff (50060/03); Defendant (50059/03)

Premier Sports Australia Pty Ltd

First Defendant (50060/03); First Plaintiff (50059/03)

Sports Investments Australia Pty Ltd

Second Defendant (50060/03); Second Plaintiff (50059/03)

News Limited

Third Defendant (50060/03); Third Plaintiff (50059/03)

Procedural Posture

Commercial Equity Proceedings / Post Judgment; Costs and Related Orders

Legal Issues

  1. 1 Proper order as to costs of proceedings
  2. 2 Calculation of interest on sums owed
  3. 3 Whether costs orders should be set off against judgment debt

Ratio Decidendi

Costs were apportioned according to issues won and lost. Mr Dodds was entitled to costs of issues where Premier failed (wrongful conduct and dishonesty allegations) and Premier entitled to costs of contract terms regarding termination bonus and bonus commission calculation. Refusal of the Calderbank offer was reasonable because reputation was at stake beyond money. Set off order granted: costs owed by Mr Dodds to Premier are to be set off against the judgment debt for bonus commission. Interest on bonus commission to be paid from termination date; interest on statutory entitlement only up to tender date.

Court Disposition

Costs apportioned; Calderbank offer reasonably refused; set off allowed.

Orders

  • Costs to be apportioned between parties according to issues.
  • Interest on $65,104 bonus commission to run from 4 October 1999 until payment.