Gideon Rathner as trustee for Garland Lot 4 Unit Trust v Bartlett (No 2) [2023] NSWSC 1166

Gideon Rathner as trustee for Garland Lot 4 Unit Trust v Bartlett (No 2) [2023] NSWSC 1166

The offers of compromise were not genuine offers of compromise and it was reasonable for the plaintiff to reject them; therefore, no order for indemnity costs is warranted.

Parties
Plaintiff | First Cross Defendant: Gideon Rathner as trustee for Garland Lot 4 Unit Trust; First Defendant: Philip Bartlett; Second Defendant: Janet Pennington; Third Defendant | Cross Claimant: P&J Projects Pty Ltd; Second Cross Defendant: Australian Securities & Investments Commission
Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Notice of Motion / Costs Determination Following Judgment
Outcome
Defendants' notice of motion dismissed with costs
Legal Topics
Indemnity Costs, Calderbank Offers, Offers of Compromise, Party/party Costs
Equity Costs Indemnity Costs Calderbank Offers Offers of Compromise Party/party Costs

Case Brief

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Parties

Gideon Rathner as trustee for Garland Lot 4 Unit Trust

Plaintiff | First Cross Defendant

Philip Bartlett

First Defendant

Janet Pennington

Second Defendant

P&J Projects Pty Ltd

Third Defendant | Cross Claimant

Australian Securities & Investments Commission

Second Cross Defendant

Procedural Posture

Notice of Motion / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether the offers of compromise made by the defendants were genuine offers of compromise justifying an order for indemnity costs
  2. 2 Whether it was unreasonable for the plaintiff to reject the offers

Ratio Decidendi

The offers of compromise were not genuine offers of compromise and it was reasonable for the plaintiff to reject them; therefore, no order for indemnity costs is warranted.

Court Disposition

Defendants' notice of motion dismissed with costs

Orders

  • The defendants' notice of motion filed on 11 September 2023 be dismissed with costs