Jones v Bradley (No. 2) [2003] NSWCA 258

Jones v Bradley (No. 2) [2003] NSWCA 258

Given the history, adequacy of time, and clarity of the Calderbank offers, it was unreasonable for the respondent to reject the appellant’s offers of 26 October 2001 and 21 December 2001; therefore, the respondent should pay the appellant’s costs as set out (party/party and indemnity basis).

Jurisdiction
Australia
Judgment Date
16 September 2003
Procedural Posture
Appeal / Costs Determination Following Allowed Appeal
Outcome
Orders for costs made in favour of the appellant in varying bases depending on time period; respondent to pay appellant’s costs as specified.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offer' 'exercise of Discretion' 'settlement Negotiations']
['civil Procedure'] ['costs' 'offers of Compromise' 'calderbank Offer' 'exercise of Discretion' 'settlement Negotiations']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Allowed Appeal

Legal Issues

  1. 1 ["Whether the respondent should pay the appellant's costs following appeal, and on what basis (party/party or indemnity)" "Whether the appellant's Calderbank offers were reasonable and if the respondent's rejection was unreasonable" 'Whether insufficient time to consider a Calderbank offer affects entitlement to costs']

Ratio Decidendi

Given the history, adequacy of time, and clarity of the Calderbank offers, it was unreasonable for the respondent to reject the appellant’s offers of 26 October 2001 and 21 December 2001; therefore, the respondent should pay the appellant’s costs as set out (party/party and indemnity basis).

Court Disposition

Orders for costs made in favour of the appellant in varying bases depending on time period; respondent to pay appellant’s costs as specified.

Orders

  • ["Respondent to pay the appellant's costs from 26 October 2001 to 3 December 2001 on a party/party basis" "Respondent to pay the appellant's costs of the appeal until 20 December 2001 on a party/party basis" "Respondent to pay the appellant's costs of the appeal from 21 December 2001 on an indemnity basis"]