PM Sulcs & Associates Pty Ltd v Oliveri [2010] NSWCA 16

PM Sulcs & Associates Pty Ltd v Oliveri [2010] NSWCA 16

Leave was refused because the applicant did not identify any error in the primary judge's exercise of discretion. In context, including the exchange of correspondence and the exclusion of the $220,045 sum from the bill submitted to the costs assessor, the primary judge was entitled to find that the Calderbank offer...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 February 2010
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a Supreme Court Costs Judgment
Outcome
Leave to appeal refused with costs.
Legal Topics
['leave to Appeal' 'calderbank Offer' 'indemnity Costs' 'discretionary Costs Orders' 'ambiguity in Settlement Offer']
['civil Procedure' 'costs'] ['leave to Appeal' 'calderbank Offer' 'indemnity Costs' 'discretionary Costs Orders' 'ambiguity in Settlement Offer']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From a Supreme Court Costs Judgment

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Debelle AJ's costs judgment." "Whether the primary judge erred in finding that the Calderbank offer, as clarified, was not ambiguous as to the respondent's claim." "Whether the applicant demonstrated an error in the primary judge's discretionary costs decision within the sense referred to in House v The King."]

Ratio Decidendi

Leave was refused because the applicant did not identify any error in the primary judge's exercise of discretion. In context, including the exchange of correspondence and the exclusion of the $220,045 sum from the bill submitted to the costs assessor, the primary judge was entitled to find that the Calderbank offer was not ambiguous, and no House v The King error was shown.

Court Disposition

Leave to appeal refused with costs.

Orders

  • ['Leave to appeal refused with costs.']