Noon & Anor v Bondi Beach Astra Retirement Village Pty Ltd & Anor (No 2) [2010] NSWCA 285

Noon & Anor v Bondi Beach Astra Retirement Village Pty Ltd & Anor (No 2) [2010] NSWCA 285

It was not shown that it was unreasonable for the respondents not to accept the November 2007 Calderbank offer, given their initial success and complexity of the issues; costs indemnity was not warranted.

Parties
First Appellant: Gregory Brian Noon (Co-Executor of the Estate of the Late Brian Robert Noon); Second Appellant: Matthew Jack Noon (Co-Executor of the Estate of the Late Brian Robert Noon); First Respondent: Bondi Beach Astra Retirement Village Pty Ltd; Second Respondent: C G Maloney Pty Ltd
Jurisdiction
Australia
Judgment Date
02 November 2010
Procedural Posture
Notice of Motion / Post Appeal, Costs Determination
Outcome
Notice of motion dismissed with costs.
Legal Topics
Costs, Indemnity Costs, Calderbank Offers, Reasonableness of Rejection
Civil Procedure Costs Indemnity Costs Calderbank Offers Reasonableness of Rejection

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Parties

Gregory Brian Noon (Co-Executor of the Estate of the Late Brian Robert Noon)

First Appellant

Matthew Jack Noon (Co-Executor of the Estate of the Late Brian Robert Noon)

Second Appellant

Bondi Beach Astra Retirement Village Pty Ltd

First Respondent

C G Maloney Pty Ltd

Second Respondent

Procedural Posture

Notice of Motion / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether respondents unreasonably rejected an offer by appellants such that costs should be on an indemnity basis from 30 November 2007

Ratio Decidendi

It was not shown that it was unreasonable for the respondents not to accept the November 2007 Calderbank offer, given their initial success and complexity of the issues; costs indemnity was not warranted.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion dismissed with costs.