Pollard v Baulderstone Hornibrook Engineering Pty Ltd & anor (No 2) [2007] NSWSC 486

Pollard v Baulderstone Hornibrook Engineering Pty Ltd & anor (No 2) [2007] NSWSC 486

The defendants failed to establish that the plaintiff acted unreasonably in not accepting the Calderbank offer given the insufficient time allowed for proper consideration. Accordingly, the application for indemnity costs is dismissed.

Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Personal Injury / Post Judgment Costs Application
Outcome
Application dismissed; defendants to pay the plaintiff's costs of the application
Legal Topics
['personal Injury' 'damages' 'costs' 'calderbank Offer']
['tort Law' 'civil Procedure'] ['personal Injury' 'damages' 'costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Personal Injury / Post Judgment Costs Application

Legal Issues

  1. 1 ["Whether the plaintiff acted unreasonably in not accepting the defendants' Calderbank offer for the purposes of an indemnity costs order"]

Ratio Decidendi

The defendants failed to establish that the plaintiff acted unreasonably in not accepting the Calderbank offer given the insufficient time allowed for proper consideration. Accordingly, the application for indemnity costs is dismissed.

Court Disposition

Application dismissed; defendants to pay the plaintiff's costs of the application

Orders

  • ['The application is dismissed.' "The defendants to pay the plaintiff's costs of the application."]