Trustee for the Salvation Army (NSW) Property Trust & Anor v Becker & Anor (No 2) [2007] NSWCA 194

Trustee for the Salvation Army (NSW) Property Trust & Anor v Becker & Anor (No 2) [2007] NSWCA 194

The appellants unreasonably rejected a genuine offer of compromise made by the first respondent (considered a Calderbank offer due to failure to comply with the Uniform Civil Procedure Rules) and the circumstances warranted an indemnity costs order from 9 November 2006.

Jurisdiction
Australia
Judgment Date
10 August 2007
Procedural Posture
Appeal / Judgment on Costs After Dismissal of Appeal
Outcome
Appellants ordered to pay first respondent's costs: party/party basis to 9 November 2006, indemnity basis thereafter; unreimbursed indemnity costs to be paid from estate of the deceased.
Legal Topics
['probate' 'offers of Compromise' 'costs Orders' 'indemnity Costs' 'calderbank Offers']
['civil Procedure'] ['probate' 'offers of Compromise' 'costs Orders' 'indemnity Costs' 'calderbank Offers']

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

Appeal / Judgment on Costs After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether costs of appeal should be awarded on an indemnity basis based on offers of compromise and Calderbank principles' 'Whether Uniform Civil Procedure Rules 2005 (NSW) apply to probate proceedings' 'Whether offers inclusive of costs are valid under relevant rules']

Ratio Decidendi

The appellants unreasonably rejected a genuine offer of compromise made by the first respondent (considered a Calderbank offer due to failure to comply with the Uniform Civil Procedure Rules) and the circumstances warranted an indemnity costs order from 9 November 2006.

Court Disposition

Appellants ordered to pay first respondent's costs: party/party basis to 9 November 2006, indemnity basis thereafter; unreimbursed indemnity costs to be paid from estate of the deceased.

Orders

  • ["Appellants pay the first respondent's costs of the appeal on a party/party basis up to and including 9 November 2006 and on an indemnity basis thereafter." "To the extent that the first respondent's costs are not wholly reimbursed by order (a), the first respondent's costs on an indemnity basis be paid out of the...