Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd & 2 ors (Costs) [2008] NSWSC 512

Lawfund Australia Pty Ltd v Lawfund Leasing Pty Ltd & 2 ors (Costs) [2008] NSWSC 512

Indemnity costs were refused because the relevant offers did not warrant the costs consequences sought: the first offer included indemnities not part of the final relief and was not expressed to be without prejudice except as to costs or as a Calderbank offer; the second offer was open only for 24 hours and then a further 24 hours despite the rules requiring at least 28 days at that stage; and the fourth offer was open only for three days immediately before Christmas. Making an indemnity order on those offers would effectively dispense with r 20.26.

Jurisdiction
Australia
Judgment Date
04 April 2008
Procedural Posture
Costs – Indemnity Costs / Consequential Orders
Outcome
Indemnity costs refused.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'uniform Civil Procedure Rules']
['civil Procedure' 'costs'] ['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'uniform Civil Procedure Rules']

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Procedural Posture

Costs – Indemnity Costs / Consequential Orders

Legal Issues

  1. 1 ['Whether the plaintiff should receive indemnity costs because the defendants did not accept offers which the plaintiff bettered at trial.' 'Whether offers made otherwise than in compliance with Uniform Civil Procedure Rules, r 20.26 should attract indemnity costs consequences as Calderbank offers.' 'Whether offers left open for 24 hours or three days were open for sufficient time to justify an indemnity costs order.']

Ratio Decidendi

Indemnity costs were refused because the relevant offers did not warrant the costs consequences sought: the first offer included indemnities not part of the final relief and was not expressed to be without prejudice except as to costs or as a Calderbank offer; the second offer was open only for 24 hours and then a further 24 hours despite the rules requiring at least 28 days at that stage; and the fourth offer was open only for three days immediately before Christmas. Making an indemnity order on those offers would effectively dispense with r 20.26.

Court Disposition

Indemnity costs refused.

Orders

  • ['In Short Minutes of Order B, paragraph 2 was amended by deleting the words "pursuant to s 1317E(1) of the Corporations Act".' 'In Short Minutes of Order B, paragraph 3 was amended by deleting the words "pursuant to s 1317E(1) of the Corporations Act".' 'In paragraph 10, after "orders that", the words "save insofar...