Portelli v Tabriska Pty Ltd (No 2) [2008] NSWSC 94

Portelli v Tabriska Pty Ltd (No 2) [2008] NSWSC 94

The defendants did not demonstrate that the plaintiff's refusal to accept the offers was unreasonable in all the circumstances, particularly as his advisers lacked the benefit of relevant appellate decisions at the time; therefore, departure from the ordinary rule as to costs was not warranted.

Jurisdiction
Australia
Judgment Date
19 February 2008
Procedural Posture
Civil / Post Trial (costs Ruling)
Outcome
Applications for indemnity costs by the first, second, and fifth defendants refused; costs awarded against them.
Legal Topics
['costs' 'calderbank Offers']
['civil Procedure'] ['costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Civil / Post Trial (costs Ruling)

Legal Issues

  1. 1 ["Whether the plaintiff's refusal to accept Calderbank and compromise offers was unreasonable so as to warrant indemnity costs orders"]

Ratio Decidendi

The defendants did not demonstrate that the plaintiff's refusal to accept the offers was unreasonable in all the circumstances, particularly as his advisers lacked the benefit of relevant appellate decisions at the time; therefore, departure from the ordinary rule as to costs was not warranted.

Court Disposition

Applications for indemnity costs by the first, second, and fifth defendants refused; costs awarded against them.

Orders

  • ['The application by the first and second defendants for indemnity costs is refused with costs.' 'The application by the fifth defendant for indemnity costs is refused with costs.']