APX Projects Pty Limited v The Owners – Strata Plan No. 64025 (No. 2) [2015] NSWSC 1572

APX Projects Pty Limited v The Owners – Strata Plan No. 64025 (No. 2) [2015] NSWSC 1572

None of the circumstances argued by Mr White—the Calderbank letter, the late amendment to the pleading, or the plaintiff's failure to use the Strata Management Act's mechanism—justify departure from the usual order; the letter was not a genuine offer of compromise, no special disadvantage was caused by the amendment, and s 226(2) does not warrant indemnity costs. The ordinary rule as to costs applies.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Application for Costs Order (motion) / Post Judgment, Costs Determination
Outcome
Defendant's application for indemnity costs dismissed; costs to be assessed on the ordinary basis.
Legal Topics
['costs' 'calderbank Offers' 'late Amendment of Pleading' 'strata Schemes Management Act 1996 (nsw) Proceedings' 'indemnity Costs']
['civil Procedure' 'equity'] ['costs' 'calderbank Offers' 'late Amendment of Pleading' 'strata Schemes Management Act 1996 (nsw) Proceedings' 'indemnity Costs']

Case Brief

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Procedural Posture

Application for Costs Order (motion) / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether the defendant is entitled to costs on an indemnity basis rather than the ordinary basis.' 'Whether a Calderbank-type offer in a letter was a genuine compromise justifying indemnity costs.' 'Whether late amendment to pleadings by plaintiff justifies indemnity costs against it.' 'Whether unjustified commencement of proceedings in court rather than Adjudicator under Strata Schemes Management Act 1996 (NSW) warrants indemnity costs.']

Ratio Decidendi

None of the circumstances argued by Mr White—the Calderbank letter, the late amendment to the pleading, or the plaintiff's failure to use the Strata Management Act's mechanism—justify departure from the usual order; the letter was not a genuine offer of compromise, no special disadvantage was caused by the amendment, and s 226(2) does not warrant indemnity costs. The ordinary rule as to costs applies.

Court Disposition

Defendant's application for indemnity costs dismissed; costs to be assessed on the ordinary basis.

Orders

  • ["Second defendant's motion for indemnity costs dismissed." "Plaintiff is to pay the defendant's costs of proceedings on the ordinary basis." "Second defendant is to pay the plaintiff's costs of this motion on the ordinary basis."]