Commonwealth Bank of Australia v Hamilton [2012] NSWSC 768

Commonwealth Bank of Australia v Hamilton [2012] NSWSC 768

A Sanderson order was made against the third defendant (Webb) for the costs of Mr and Mrs Hamilton as successful defendants in the bank’s proceedings because his dishonesty warranted shifting liability; indemnity costs against the bank were refused as the rejection of Calderbank offers was not shown to be unreasonable.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Civil / Costs Determination Following Judgment
Outcome
Sanderson order granted against third defendant; claim for indemnity costs against the bank refused.
Legal Topics
['costs' 'sanderson Order' 'indemnity Costs' 'calderbank Offers']
['civil Procedure'] ['costs' 'sanderson Order' 'indemnity Costs' 'calderbank Offers']

Source-derived case record

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Procedural Posture

Civil / Costs Determination Following Judgment

Legal Issues

  1. 1 ['Whether a Sanderson order should be made against the third defendant for the costs incurred by successful defendants against the plaintiff' 'Whether the rejection of Calderbank offers by the plaintiff justified indemnity costs']

Ratio Decidendi

A Sanderson order was made against the third defendant (Webb) for the costs of Mr and Mrs Hamilton as successful defendants in the bank’s proceedings because his dishonesty warranted shifting liability; indemnity costs against the bank were refused as the rejection of Calderbank offers was not shown to be unreasonable.

Court Disposition

Sanderson order granted against third defendant; claim for indemnity costs against the bank refused.

Orders

  • ['The third defendant (Peter Webb) is to pay the costs of the first defendant (Jason Hamilton) of the proceedings brought by the plaintiff (the bank).' 'The third defendant (Peter Webb) is to pay the costs of the second defendant (Karen Hamilton) of the proceedings brought by the plaintiff (the bank).' "The third...