Solutions People (Aust) Pty Limited v Stammers [2020] NSWSC 1752

Solutions People (Aust) Pty Limited v Stammers [2020] NSWSC 1752

Neither party's conduct was so unreasonable as to depart from the usual rule in settled cases with no hearing on merits. The earlier failure to respond to a demand for undertakings did not warrant costs orders against the defendant, nor was refusal of the Calderbank offer by plaintiffs unreasonable. Each party should bear its own costs.

Parties
First Plaintiff: Solutions People (Aust) Pty Limited; Second Plaintiff: Landscape Solutions Maintenance Pty Limited; Defendant: Dominic Stammers
Jurisdiction
Australia
Judgment Date
07 December 2020
Procedural Posture
Summons / Post Consent Orders, Determination of Costs
Outcome
Each party bear his or its own costs of the proceedings including of the interlocutory application before Lindsay J on 20 October 2020.
Legal Topics
Party/party Costs, Calderbank Offer, No Hearing on the Merits
Equity Costs Party/party Costs Calderbank Offer No Hearing on the Merits

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Solutions People (Aust) Pty Limited

First Plaintiff

Landscape Solutions Maintenance Pty Limited

Second Plaintiff

Dominic Stammers

Defendant

Procedural Posture

Summons / Post Consent Orders, Determination of Costs

Legal Issues

  1. 1 Whether conduct of either party was so unreasonable as to warrant a costs order
  2. 2 Whether a Calderbank offer justified special costs orders

Ratio Decidendi

Neither party's conduct was so unreasonable as to depart from the usual rule in settled cases with no hearing on merits. The earlier failure to respond to a demand for undertakings did not warrant costs orders against the defendant, nor was refusal of the Calderbank offer by plaintiffs unreasonable. Each party should bear its own costs.

Court Disposition

Each party bear his or its own costs of the proceedings including of the interlocutory application before Lindsay J on 20 October 2020.

Orders

  • Order that each party bear his or its own costs of the proceedings including of the interlocutory application before Lindsay J on 20 October 2020.