Evans Shire Council v Richardson (No 2) [2006] NSWCA 61

Evans Shire Council v Richardson (No 2) [2006] NSWCA 61

The claimant bore the onus of establishing that the opponent's failure to accept the Calderbank offer was unreasonable. Having regard to the circumstances and timing of the offer, including that it was made only shortly before trial and allowed about 24 hours for acceptance, the Court was not satisfied that non-acceptance was unreasonable, so indemnity costs were not justified.

Jurisdiction
Australia
Judgment Date
03 April 2006
Procedural Posture
Application for Indemnity Costs / On the Papers in the NSW Court of Appeal After the Substantive Appeal Was Allowed
Outcome
Application for order refused
Legal Topics
['indemnity Costs' 'calderbank Offer' 'costs of Trial' 'unreasonable Rejection of Settlement Offer']
['civil Procedure' 'costs'] ['indemnity Costs' 'calderbank Offer' 'costs of Trial' 'unreasonable Rejection of Settlement Offer']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Indemnity Costs / On the Papers in the NSW Court of Appeal After the Substantive Appeal Was Allowed

Legal Issues

  1. 1 ["Whether the opponent's failure to accept the claimant's Calderbank offer was unreasonable so as to justify indemnity costs of the trial from the expiry of the offer." "Whether the timing and circumstances of the claimant's offer supported departure from the ordinary costs order."]

Ratio Decidendi

The claimant bore the onus of establishing that the opponent's failure to accept the Calderbank offer was unreasonable. Having regard to the circumstances and timing of the offer, including that it was made only shortly before trial and allowed about 24 hours for acceptance, the Court was not satisfied that non-acceptance was unreasonable, so indemnity costs were not justified.

Court Disposition

Application for order refused

Orders

  • ["The claimant's application for an order that the opponent pay the claimant's costs before the primary judge on an indemnity basis as and from 12 November 2004 is refused."]