Peter Vitek & Anor v Estate Homes Pty Ltd & Ors (Costs) [2013] NSWSC 1948

Peter Vitek & Anor v Estate Homes Pty Ltd & Ors (Costs) [2013] NSWSC 1948

The January 2005 and September 2013 letters were not sufficient Calderbank offers to warrant indemnity costs, but the plaintiffs are entitled to indemnity costs for matters arising from the notices to admit which were unreasonably not admitted by the third defendant; all other costs are ordered on the usual basis payable by the third defendant.

Parties
First Plaintiff: Peter Vitek; Second Plaintiff: Shoshanna Vitek; Third Defendant: Veeda Taheri
Jurisdiction
Australia
Judgment Date
13 December 2013
Procedural Posture
Costs Application / Post Judgment
Outcome
Orders made for costs; third defendant to pay plaintiffs' costs arising out of notices to admit on an indemnity basis; all other costs to be paid by the third defendant to the plaintiffs on the usual basis.
Legal Topics
Costs, Indemnity Costs, Calderbank Offer, Notices to Admit
Civil Procedure Costs Indemnity Costs Calderbank Offer Notices to Admit

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Parties

Peter Vitek

First Plaintiff

Shoshanna Vitek

Second Plaintiff

Veeda Taheri

Third Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether the plaintiffs should be awarded costs on an indemnity basis
  2. 2 Whether the letter of 31 January 2005 constituted a Calderbank offer
  3. 3 Whether the letter of 25 September 2013 was a Calderbank offer

Ratio Decidendi

The January 2005 and September 2013 letters were not sufficient Calderbank offers to warrant indemnity costs, but the plaintiffs are entitled to indemnity costs for matters arising from the notices to admit which were unreasonably not admitted by the third defendant; all other costs are ordered on the usual basis payable by the third defendant.

Court Disposition

Orders made for costs; third defendant to pay plaintiffs' costs arising out of notices to admit on an indemnity basis; all other costs to be paid by the third defendant to the plaintiffs on the usual basis.

Orders

  • The third defendant is to pay the plaintiffs' costs arising out of the notices to admit on an indemnity basis.
  • All other costs to be paid by the third defendant to the plaintiffs on the usual basis.