Daftar v Al-Khamisy (No 3) [2014] NSWDC 345

Daftar v Al-Khamisy (No 3) [2014] NSWDC 345

It was unreasonable for the plaintiff not to accept the defendant's Calderbank offer which was open for 11 days after all evidence was served; therefore, the defendant is entitled to indemnity costs for the period from 17 May 2014 to 31 July 2014, and otherwise costs are to be assessed on an ordinary basis.

Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Civil / Costs Order Post Trial
Outcome
Defendant awarded indemnity costs for specified period; plaintiff to pay interpreter costs.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offer']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offer']

Case Brief

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Procedural Posture

Civil / Costs Order Post Trial

Legal Issues

  1. 1 ['Whether the defendant is entitled to indemnity costs from the date of an offer of compromise.' 'Whether the rejection of a Calderbank offer was unreasonable.' 'Whether the plaintiff is entitled to indemnity costs under r 42.8 of the Uniform Civil Procedure Rules 2005.']

Ratio Decidendi

It was unreasonable for the plaintiff not to accept the defendant's Calderbank offer which was open for 11 days after all evidence was served; therefore, the defendant is entitled to indemnity costs for the period from 17 May 2014 to 31 July 2014, and otherwise costs are to be assessed on an ordinary basis.

Court Disposition

Defendant awarded indemnity costs for specified period; plaintiff to pay interpreter costs.

Orders

  • ["The defendant's costs of the claim and the cross-claim in the period from 17 May 2014 until 31 July 2014, both dates inclusive, be assessed on an indemnity basis but otherwise costs be assessed on an ordinary basis." "By consent, the plaintiff to pay to the defendant or his solicitors the sum of $3,074.50 within...