Ozzy States Pty Ltd v Norton Property Group Pty Ltd & Anor [2019] NSWDC 308
It was not unreasonable for the defendants to reject the Calderbank offer, given its quantum compared to the eventual judgment, insufficient particularity of reasons, timing close to hearing, short acceptance period, complexity of the proceedings, and other causes of action at play. Indemnity costs were not warranted.
- Jurisdiction
- Australia
- Judgment Date
- 28 June 2019
- Procedural Posture
- Civil / Post Judgment (costs Determination)
- Outcome
- Plaintiffs' application for indemnity costs dismissed; ordinary costs awarded as appropriate.
- Legal Topics
- ['indemnity Costs' 'calderbank Offers' 'party/party Costs' 'offers of Compromise']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Post Judgment (costs Determination)
Legal Issues
- 1 ["Whether the defendants' failure to accept a Calderbank offer was unreasonable, warranting an indemnity costs order"]
Ratio Decidendi
It was not unreasonable for the defendants to reject the Calderbank offer, given its quantum compared to the eventual judgment, insufficient particularity of reasons, timing close to hearing, short acceptance period, complexity of the proceedings, and other causes of action at play. Indemnity costs were not warranted.
Court Disposition
Plaintiffs' application for indemnity costs dismissed; ordinary costs awarded as appropriate.
Orders
- ["Defendants to pay the plaintiffs' costs of the proceedings including the cross claim, other than the plaintiffs' application for indemnity costs." "Plaintiffs to pay the defendants' costs of the application for indemnity costs."]
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