Berhero Pty Ltd v Hinds (No 2) [2023] NSWSC 1214

Berhero Pty Ltd v Hinds (No 2) [2023] NSWSC 1214

The defendants did not achieve a better outcome than if the Calderbank offer had been accepted because the cross-claim, the basis of the offer, was not pressed and was dismissed with costs. Therefore, no special costs order is warranted.

Parties
Plaintiff: Berhero Pty Ltd; First Defendant: Paul Hinds; Second Defendant: RV Developments Australia Pty Ltd; Third Defendant: RV Developments Australia Pty Ltd as Trustee for RV Developments Australia Unit Trust
Jurisdiction
Australia
Judgment Date
12 October 2023
Procedural Posture
Application for Special Costs Order / Post Trial Costs Determination
Outcome
Application for special costs order dismissed.
Legal Topics
Costs, Calderbank Offer, Jurisdictional Limit, Special Costs Order
Civil Procedure Costs Calderbank Offer Jurisdictional Limit Special Costs Order

Case Brief

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Parties

Berhero Pty Ltd

Plaintiff

Paul Hinds

First Defendant

RV Developments Australia Pty Ltd

Second Defendant

RV Developments Australia Pty Ltd as Trustee for RV Developments Australia Unit Trust

Third Defendant

Procedural Posture

Application for Special Costs Order / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the defendants were entitled to a special costs order under s 98 Civil Procedure Act 2005 (NSW) in light of an unaccepted Calderbank offer

Ratio Decidendi

The defendants did not achieve a better outcome than if the Calderbank offer had been accepted because the cross-claim, the basis of the offer, was not pressed and was dismissed with costs. Therefore, no special costs order is warranted.

Court Disposition

Application for special costs order dismissed.

Orders

  • Dismiss the defendants' Notice of Motion filed on 11 September 2023.