Perpetual Trustee Company Ltd v Papantoniou (No. 3) [2014] NSWSC 885

Perpetual Trustee Company Ltd v Papantoniou (No. 3) [2014] NSWSC 885

The Calderbank offer was not a genuine attempt at compromise but effectively called for capitulation; rejection of the offer was not ‘relevantly unreasonable’ under the circumstances. The Court declined to exercise discretion to award indemnity costs, confirming costs orders previously made.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Interlocutory Application / Costs Order Following Substantive Judgment
Outcome
Indemnity costs application dismissed; previous costs orders confirmed
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'contracts Review Act 1980 (nsw)']
['civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offers' 'contracts Review Act 1980 (nsw)']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Order Following Substantive Judgment

Legal Issues

  1. 1 ['Whether Calderbank offer was a genuine compromise' 'Whether rejection of Calderbank offer was unreasonable' 'Whether indemnity costs should be awarded']

Ratio Decidendi

The Calderbank offer was not a genuine attempt at compromise but effectively called for capitulation; rejection of the offer was not ‘relevantly unreasonable’ under the circumstances. The Court declined to exercise discretion to award indemnity costs, confirming costs orders previously made.

Court Disposition

Indemnity costs application dismissed; previous costs orders confirmed

Orders

  • ['The unsuccessful party, Mrs Papantoniou, is to have her costs of this application on the ordinary basis']