Dream Developments Pty Limited v Samuel Whitney (No 2) [2012] NSWSC 339

Dream Developments Pty Limited v Samuel Whitney (No 2) [2012] NSWSC 339

The motion was dismissed as there was no proper basis for it. The offers in Old differed materially from those in the present case. Costs are to be paid by the defendant on an ordinary basis up to 15 April 2010 and thereafter on an indemnity basis, influenced by the nature of offers made by the plaintiff.

Parties
Plaintiff: Dream Developments Pty Limited; Defendant: Samuel Whitney
Jurisdiction
Australia
Judgment Date
31 May 2012
Procedural Posture
Motion (notice of Motion) / Post Appeal, Application to Set Aside Orders and for Costs
Outcome
Motion dismissed with costs.
Legal Topics
Costs, Offers of Compromise, Calderbank Offers
Civil Procedure Costs Offers of Compromise Calderbank Offers

Case Brief

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Parties

Dream Developments Pty Limited

Plaintiff

Samuel Whitney

Defendant

Procedural Posture

Motion (notice of Motion) / Post Appeal, Application to Set Aside Orders and for Costs

Legal Issues

  1. 1 Whether the defendant's Notice of Motion to set aside orders and for costs should be granted based on Old v McInnes and Hodgkinson
  2. 2 Appropriate costs orders after appeal and in light of offers made

Ratio Decidendi

The motion was dismissed as there was no proper basis for it. The offers in Old differed materially from those in the present case. Costs are to be paid by the defendant on an ordinary basis up to 15 April 2010 and thereafter on an indemnity basis, influenced by the nature of offers made by the plaintiff.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion dismissed with costs.
  • Defendant to pay plaintiff's costs in the Local Court as agreed or assessed on an ordinary basis up to 15 April 2010 and thereafter on an indemnity basis.