About Life Pty Ltd v Maddocks Lawyers (No 2) [2021] NSWSC 1671

About Life Pty Ltd v Maddocks Lawyers (No 2) [2021] NSWSC 1671

Maddocks' rejection and non-response to a genuine Calderbank offer was unreasonable, justifying indemnity costs from the date of the offer. Interest on costs paid should also be awarded from the date of payment, as Maddocks' negligence contributed to About Life's financial position and any delay in proceedings, and compensatory principles support such an order.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Cross Claim / Costs Judgment Following Trial and Damages Award
Outcome
Orders made varying previous costs orders; cross-defendants to pay costs on indemnity basis from the Calderbank offer date and interest on costs from the date of payment.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'interest on Costs' 'compensatory Interest' 'settlement Process']
['costs' 'professional Negligence'] ['indemnity Costs' 'calderbank Offer' 'interest on Costs' 'compensatory Interest' 'settlement Process']

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Procedural Posture

Cross Claim / Costs Judgment Following Trial and Damages Award

Legal Issues

  1. 1 ['Whether cross-defendants should pay indemnity costs from the date of the Calderbank offer' 'Whether interest on costs should be awarded from the date of payment']

Ratio Decidendi

Maddocks' rejection and non-response to a genuine Calderbank offer was unreasonable, justifying indemnity costs from the date of the offer. Interest on costs paid should also be awarded from the date of payment, as Maddocks' negligence contributed to About Life's financial position and any delay in proceedings, and compensatory principles support such an order.

Court Disposition

Orders made varying previous costs orders; cross-defendants to pay costs on indemnity basis from the Calderbank offer date and interest on costs from the date of payment.

Orders

  • ["Cross-defendants to pay cross-claimants' costs of the second cross-claim on a party and party basis until 21 February 2021 and on an indemnity basis from 22 February 2021." "Cross-defendants to pay cross-claimants' costs of the third, fourth and fifth cross-claims on a party and party basis until 21 February 2021...