AW v WW (No 3) [2024] NSWSC 328

AW v WW (No 3) [2024] NSWSC 328

AW's unreasonable failure to accept Mrs W's Calderbank offer justifies an order for indemnity costs from 4 October 2023; ordinary costs apply before that date. The Court rejected Mrs W's claims that AW acted for an improper purpose, finding the evidence insufficient.

Jurisdiction
Australia
Judgment Date
28 March 2024
Procedural Posture
Appeal / Post Judgment (costs Determination)
Outcome
Summons dismissed. The plaintiff to pay costs as specified.
Legal Topics
['costs' 'calderbank Offer']
['equity'] ['costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs on an indemnity basis from 4 October 2023 due to failure to accept a Calderbank offer" 'Whether conduct of the proceedings justifies an indemnity costs order']

Ratio Decidendi

AW's unreasonable failure to accept Mrs W's Calderbank offer justifies an order for indemnity costs from 4 October 2023; ordinary costs apply before that date. The Court rejected Mrs W's claims that AW acted for an improper purpose, finding the evidence insufficient.

Court Disposition

Summons dismissed. The plaintiff to pay costs as specified.

Orders

  • ['Summons dismissed.' "The plaintiff pay the defendant's costs of these proceedings including reserved costs and the costs of all applications and notices of motion on the ordinary basis up to and including 3 October 2023 and on the indemnity basis on and from 4 October 2023 (including, for the avoidance of doubt,...