Dumitrov v S C Johnson & Son Superannuation Pty Ltd & Anor (No 3) [2007] NSWSC 66

Dumitrov v S C Johnson & Son Superannuation Pty Ltd & Anor (No 3) [2007] NSWSC 66

The plaintiff's counter-offer was clearly an offer of $115,000 plus costs and was capable of acceptance, with costs to be assessed or agreed if no specified figure was provided; the circumstances relied on by the second defendant did not justify departing from the Calderbank approach.

Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Costs Application / Ex Tempore Judgment
Outcome
Plaintiff awarded party and party costs to the date of the offer and indemnity costs thereafter.
Legal Topics
['calderbank Offer' 'indemnity Costs' 'party and Party Costs' 'settlement Offers']
['procedure' 'costs'] ['calderbank Offer' 'indemnity Costs' 'party and Party Costs' 'settlement Offers']

Case Brief

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Procedural Posture

Costs Application / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's 7 March 2005 counter-offer was capable of immediate acceptance despite stating that professional costs and disbursements would be advised shortly." 'Whether the approach in Calderbank v Calderbank [1975] 1 All ER 333 should be followed in determining costs.']

Ratio Decidendi

The plaintiff's counter-offer was clearly an offer of $115,000 plus costs and was capable of acceptance, with costs to be assessed or agreed if no specified figure was provided; the circumstances relied on by the second defendant did not justify departing from the Calderbank approach.

Court Disposition

Plaintiff awarded party and party costs to the date of the offer and indemnity costs thereafter.

Orders

  • ['Orders made in terms of the amended short minutes of order proffered on behalf of the plaintiff, except for the declarations and the first paragraph of the order.' 'Orders stayed until 5 pm on Tuesday 20 February 2007.']