Leamey v Evatt (No 3) [2018] NSWSC 1215

Leamey v Evatt (No 3) [2018] NSWSC 1215

Because no formal costs orders had yet been made and no costs-submission deadlines had been imposed, the Court entertained the late submissions of Mr Evatt and Mr Rasmussen. The Court rejected their proposed GST and percentage discounts for Mr Leamey's costs, accepted that Mr Dibb's counsel-fee claim should be exclusive of GST, declined to discount either Mr Leamey's or Mr Dibb's gross sum costs, and rejected reliance on the jointly made Calderbank offer because Mr Dibb could not accept it only against one offeror and achieved a substantially better overall result than the offer. The unsuccessful defendants were to indemnify Mr Leamey for his court fees, with the notice of motion costs...

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Costs in Interpleader Proceedings / Further Consideration of Costs Judgment on the Papers Before Final Costs Orders
Outcome
The parties were directed to agree short minutes of order giving effect to the reasons and deliver them to the associate to Robb J within 14 days.
Legal Topics
['interpleader Proceedings' 'gross Sum Costs Orders' 'court Fees' 'gst on Costs' 'calderbank Offer' 'short Minutes of Order']
['costs' 'equity'] ['interpleader Proceedings' 'gross Sum Costs Orders' 'court Fees' 'gst on Costs' 'calderbank Offer' 'short Minutes of Order']

Case Brief

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Procedural Posture

Costs in Interpleader Proceedings / Further Consideration of Costs Judgment on the Papers Before Final Costs Orders

Legal Issues

  1. 1 ['Whether the Court should entertain late written submissions from the First and Second Defendants on costs before formal costs orders had been made.' 'Whether the First and Second Defendants should indemnify the Plaintiff for court fees including the hearing fee.' 'Whether costs claimed by the Plaintiff or Third Defendant should be reduced for GST.' 'Whether gross sum costs payable to the Plaintiff or Third Defendant should be discounted.' 'Whether a jointly made Calderbank offer affected the costs position between the Second Defendant and the Third Defendant.' 'Whether additional costs incurred in responding to late submissions should be included in lump sum costs.']

Ratio Decidendi

Because no formal costs orders had yet been made and no costs-submission deadlines had been imposed, the Court entertained the late submissions of Mr Evatt and Mr Rasmussen. The Court rejected their proposed GST and percentage discounts for Mr Leamey's costs, accepted that Mr Dibb's counsel-fee claim should be exclusive of GST, declined to discount either Mr Leamey's or Mr Dibb's gross sum costs, and rejected reliance on the jointly made Calderbank offer because Mr Dibb could not accept it only against one offeror and achieved a substantially better overall result than the offer. The unsuccessful defendants were to indemnify Mr Leamey for his court fees, with the notice of motion costs...

Court Disposition

The parties were directed to agree short minutes of order giving effect to the reasons and deliver them to the associate to Robb J within 14 days.

Orders

  • ['The parties are directed to agree short minutes of order to give effect to these reasons for judgment and to deliver them to the associate to Robb J within 14 days.' 'Mr Leamey may submit evidence of any additional costs claim arising from the late submissions within 7 days of these reasons being delivered.' 'Mr...