Eddy Gross v Graham Leslie Greer & Anor (Costs) [2018] NSWSC 1656

Eddy Gross v Graham Leslie Greer & Anor (Costs) [2018] NSWSC 1656

Although the defendants' May and July offers were genuine offers of compromise, it was not unreasonable for the plaintiff to refuse them given his primary claim regarding entitlement to an easement and the expert valuation deficiencies; therefore, indemnity costs are not appropriate.

Parties
Plaintiff: Eddy Gross; First Defendant: Graham Leslie Greer; Second Defendant: Lisa Maree Greer
Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Costs / Application for Indemnity Costs Following Substantive Judgment
Outcome
Defendants' costs in the substantive proceedings to be assessed on the ordinary basis; defendants to pay the plaintiff's costs of the indemnity costs application, also on the ordinary basis.
Legal Topics
Costs, Calderbank Offers, Easements, Indemnity Costs
Equity Real Property Costs Calderbank Offers Easements Indemnity Costs

Case Brief

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Parties

Eddy Gross

Plaintiff

Graham Leslie Greer

First Defendant

Lisa Maree Greer

Second Defendant

Procedural Posture

Costs / Application for Indemnity Costs Following Substantive Judgment

Legal Issues

  1. 1 Whether the defendants' Calderbank offers were genuine offers of compromise
  2. 2 Whether it was unreasonable for the plaintiff not to accept the defendants' Calderbank offers
  3. 3 Whether indemnity costs should be ordered

Ratio Decidendi

Although the defendants' May and July offers were genuine offers of compromise, it was not unreasonable for the plaintiff to refuse them given his primary claim regarding entitlement to an easement and the expert valuation deficiencies; therefore, indemnity costs are not appropriate.

Court Disposition

Defendants' costs in the substantive proceedings to be assessed on the ordinary basis; defendants to pay the plaintiff's costs of the indemnity costs application, also on the ordinary basis.

Orders

  • Defendants' costs in the substantive proceedings to be costs assessed on the ordinary basis.
  • Defendants to pay the Plaintiff's costs of this application for indemnity costs, also assessed on the ordinary basis.