Lowe v Lowe (No 3) [2015] NSWSC 1800

Lowe v Lowe (No 3) [2015] NSWSC 1800

The plaintiff's rejection of both a pre-commencement verbal offer and a later Calderbank offer was unreasonable. As a result, the plaintiff is to pay the defendants' costs on the ordinary basis up to the deadline for the Calderbank offer (8 June 2015), and on the indemnity basis thereafter. This order gives effect to the overriding purpose under s 56 Civil Procedure Act (NSW), encourages settlement, and is fair having regard to each party's responsibility for costs.

Jurisdiction
Australia
Judgment Date
01 December 2015
Procedural Posture
Family Provision / Costs Judgment Post Trial
Outcome
Plaintiff to pay defendants' costs on the ordinary basis up to 8 June 2015 and thereafter on the indemnity basis.
Legal Topics
['costs—settlement Offers—calderbank Offers—family Provision Proceedings']
['civil Procedure' 'succession' 'costs'] ['costs—settlement Offers—calderbank Offers—family Provision Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision / Costs Judgment Post Trial

Legal Issues

  1. 1 ["Whether plaintiff should pay defendants' costs and on what basis, in light of pre-litigation verbal offer and Calderbank offer" "Whether plaintiff's rejection of the offers was unreasonable" 'Appropriate costs order given s 56 Civil Procedure Act 2005 (NSW) overriding purpose']

Ratio Decidendi

The plaintiff's rejection of both a pre-commencement verbal offer and a later Calderbank offer was unreasonable. As a result, the plaintiff is to pay the defendants' costs on the ordinary basis up to the deadline for the Calderbank offer (8 June 2015), and on the indemnity basis thereafter. This order gives effect to the overriding purpose under s 56 Civil Procedure Act (NSW), encourages settlement, and is fair having regard to each party's responsibility for costs.

Court Disposition

Plaintiff to pay defendants' costs on the ordinary basis up to 8 June 2015 and thereafter on the indemnity basis.

Orders

  • ["Plaintiff to pay defendants' costs on the ordinary basis from commencement up to and including 8 June 2015." "Plaintiff to pay defendants' costs on the indemnity basis from 9 June 2015 onwards."]