Lescap Group Pty Ltd v Pacific Resort Holding Pty Ltd (No. 2) [2012] NSWSC 704

Lescap Group Pty Ltd v Pacific Resort Holding Pty Ltd (No. 2) [2012] NSWSC 704

Pacific Resort was entitled to costs on the ordinary basis up to the time of its offer of compromise and on the indemnity basis thereafter, as the offer conformed to the rules and was not accepted. Lescap Group's limited success did not warrant any variation. A Sanderson order was appropriate on policy and factual grounds, making Lescap Group liable for the costs of Lescap Operations and Mr Caplan as successful cross-defendants.

Jurisdiction
Australia
Judgment Date
07 June 2012
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Orders made as per initialled document handed up by defendant's counsel: costs of Pacific Resort against Lescap Group on ordinary basis to 11am 28 July 2011 and indemnity basis thereafter; Lescap Group to pay costs of Lescap Operations and Mr Caplan as successful cross-defendants on ordinary basis.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'sanderson Order' 'cross Claims' 'party Joinder']
['civil Procedure' 'costs'] ['indemnity Costs' 'offer of Compromise' 'sanderson Order' 'cross Claims' 'party Joinder']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether Pacific Resort is entitled to indemnity costs after its offer of compromise was refused' "Whether Lescap Group's partial success on certain issues warrants any variation to costs orders" 'Whether a Sanderson order should be made requiring Lescap Group to pay the costs of Lescap Operations and Mr Caplan as successful cross-defendants' 'Whether non-compliance with Civil Procedure Rules r 7.2 invalidated the offer of compromise signed by a director']

Ratio Decidendi

Pacific Resort was entitled to costs on the ordinary basis up to the time of its offer of compromise and on the indemnity basis thereafter, as the offer conformed to the rules and was not accepted. Lescap Group's limited success did not warrant any variation. A Sanderson order was appropriate on policy and factual grounds, making Lescap Group liable for the costs of Lescap Operations and Mr Caplan as successful cross-defendants.

Court Disposition

Orders made as per initialled document handed up by defendant's counsel: costs of Pacific Resort against Lescap Group on ordinary basis to 11am 28 July 2011 and indemnity basis thereafter; Lescap Group to pay costs of Lescap Operations and Mr Caplan as successful cross-defendants on ordinary basis.

Orders

  • ["Pacific Resort's costs against Lescap Group on ordinary basis until 11am 28 July 2011 and on indemnity basis thereafter" 'Costs of successful cross-defendants (Lescap Operations and Benjamin Saul Caplan) to be paid by Lescap Group on the ordinary basis' 'Exhibits may be returned and dealt with in accordance with...