Omar v Quit4good Pty Ltd [2015] NSWLC 14

Omar v Quit4good Pty Ltd [2015] NSWLC 14

The defendant was not entitled to indemnity costs because its Calderbank letter did not set out factual or legal reasons why the defence would succeed, the plaintiff sought particulars, the defendant did not answer, and there was no evidence of follow-up, so the court was not satisfied that the offer was a genuine offer of compromise rather than an attempt to trigger a costs sanction. The defendant was not entitled to ordinary costs beyond the Part G maximum costs order because the proceedings were not of general importance, the factual and legal issues were not complex, and costs had to be assessed consistently with the overriding purpose and proportionality of costs. The subpoena costs...

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Civil Costs Application / Post Judgment Application After the Plaintiff's Claim Was Dismissed
Outcome
The defendant's applications for indemnity costs, ordinary costs beyond the Part G maximum costs order, and subpoena appearance costs were dismissed; the defendant was ordered to pay the plaintiff's costs of the costs application in the sum of $1,013.
Legal Topics
['indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'maximum Costs Order' 'proportionality of Costs' 'subpoena Costs']
['civil Procedure' 'costs'] ['indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'maximum Costs Order' 'proportionality of Costs' 'subpoena Costs']

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Procedural Posture

Civil Costs Application / Post Judgment Application After the Plaintiff's Claim Was Dismissed

Legal Issues

  1. 1 ['Whether the defendant should receive indemnity costs after its Calderbank offer dated 22 September 2014.' 'Whether the defendant should receive ordinary costs beyond the maximum costs order in Part G of Local Court Practice Note Civ 1.' 'Whether the defendant should receive a special costs order for its appearance on a return of subpoena on 4 February 2015.' 'Which party should pay the costs of the costs application.']

Ratio Decidendi

The defendant was not entitled to indemnity costs because its Calderbank letter did not set out factual or legal reasons why the defence would succeed, the plaintiff sought particulars, the defendant did not answer, and there was no evidence of follow-up, so the court was not satisfied that the offer was a genuine offer of compromise rather than an attempt to trigger a costs sanction. The defendant was not entitled to ordinary costs beyond the Part G maximum costs order because the proceedings were not of general importance, the factual and legal issues were not complex, and costs had to be assessed consistently with the overriding purpose and proportionality of costs. The subpoena costs...

Court Disposition

The defendant's applications for indemnity costs, ordinary costs beyond the Part G maximum costs order, and subpoena appearance costs were dismissed; the defendant was ordered to pay the plaintiff's costs of the costs application in the sum of $1,013.

Orders

  • ["Order that the defendant pay the plaintiff's costs in the sum of $1,013."]