Abbott v Klein (No 2) [2015] NSWDC 83

Abbott v Klein (No 2) [2015] NSWDC 83

Mr Abbott's offer satisfied rules regarding offers of compromise as it contained a genuine compromise (a 5% discount and foregone costs), and thus he is entitled to costs on an indemnity basis from the date of the offer; Mr Klein's offer, despite being more favourable in some respects, was withdrawn before debt was due and lacked Calderbank features, therefore does not justify departing from the usual costs regime.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Civil / Costs Determination Following Principal Judgment
Outcome
Defendant to pay plaintiff's costs as specified in order.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offers' 'assessment of Compromise' 'conduct Influencing Costs Orders']
['civil Procedure'] ['costs' 'offers of Compromise' 'calderbank Offers' 'assessment of Compromise' 'conduct Influencing Costs Orders']

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

Civil / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 ["Whether Mr Abbott's offer contained a genuine element of compromise" "Whether Mr Klein's pre-proceedings offer should affect costs orders under r 42.1 or r 42.14"]

Ratio Decidendi

Mr Abbott's offer satisfied rules regarding offers of compromise as it contained a genuine compromise (a 5% discount and foregone costs), and thus he is entitled to costs on an indemnity basis from the date of the offer; Mr Klein's offer, despite being more favourable in some respects, was withdrawn before debt was due and lacked Calderbank features, therefore does not justify departing from the usual costs regime.

Court Disposition

Defendant to pay plaintiff's costs as specified in order.

Orders

  • ["The defendant to pay the plaintiff's costs of the proceedings assessed on an ordinary basis up to and including 2 August 2013 and thereafter assessed on an indemnity basis."]