Beech v Squire (No 2) [2018] NSWSC 605

Beech v Squire (No 2) [2018] NSWSC 605

The offer required the plaintiffs to agree to dismissal of their claims and to pay the defendant's costs on the ordinary basis, and therefore invited complete capitulation rather than offering any real compromise. Assessed at the time the offer was made, the plaintiffs' claims were not frivolous, vexatious or hopeless. Accordingly, the offer was not an offer to compromise within r 20.26, or alternatively the Court would order otherwise under r 42.15A, so the defendant was confined to ordinary costs against the plaintiffs and her application for indemnity costs from 6 October 2016 was dismissed.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Costs Application in Equity Family Provision List Proceedings / After Principal Judgment Dismissing the Summons; Defendant's Application for Indemnity Costs Based on an Offer of Compromise
Outcome
Application for indemnity costs dismissed.
Legal Topics
['party/party Costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'ucpr Pt 20 R 20.26' 'ucpr Pt 42 R 42.15 A']
['costs' 'civil Procedure' 'family Provision'] ['party/party Costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'ucpr Pt 20 R 20.26' 'ucpr Pt 42 R 42.15 A']

Case Brief

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Procedural Posture

Costs Application in Equity Family Provision List Proceedings / After Principal Judgment Dismissing the Summons; Defendant's Application for Indemnity Costs Based on an Offer of Compromise

Legal Issues

  1. 1 ["Whether the defendant's offer requiring dismissal of the summons and payment of the defendant's costs on the ordinary basis was an offer of compromise under UCPR r 20.26." 'Whether UCPR r 42.15A entitled the defendant to indemnity costs from 6 October 2016 because the plaintiffs did not accept the offer and the defendant obtained a result no less favourable than the offer.' 'Whether the Court should order otherwise under UCPR r 42.15A because the offer contained no real element of compromise.']

Ratio Decidendi

The offer required the plaintiffs to agree to dismissal of their claims and to pay the defendant's costs on the ordinary basis, and therefore invited complete capitulation rather than offering any real compromise. Assessed at the time the offer was made, the plaintiffs' claims were not frivolous, vexatious or hopeless. Accordingly, the offer was not an offer to compromise within r 20.26, or alternatively the Court would order otherwise under r 42.15A, so the defendant was confined to ordinary costs against the plaintiffs and her application for indemnity costs from 6 October 2016 was dismissed.

Court Disposition

Application for indemnity costs dismissed.

Orders

  • ['Summons dismissed.' 'The defendant is entitled to an indemnity out of the estate for her costs of the proceedings on the indemnity basis.' "The defendant's application for indemnity costs on and from 6 October 2016 is dismissed." "The plaintiffs are to pay the defendant's costs of the proceedings on the ordinary...