Amaya v Estate Property Holdings Pty Ltd Firmstone v Estate Property Holdings Pty Ltd [2010] NSWSC 879

Amaya v Estate Property Holdings Pty Ltd Firmstone v Estate Property Holdings Pty Ltd [2010] NSWSC 879

Both the plaintiffs and the first defendant acted unreasonably by failing to accept Lumley's reasonable settlement proposal of 22 April 2008, resulting in unnecessary additional costs. Thus, they must pay Lumley's additional costs on an indemnity basis for the relevant period.

Parties
Plaintiff: Enrique Amaya; Plaintiff: Mary Jane Amaya; Plaintiff: Mervyn Firmstone; First Defendant: Estate Property Holdings Pty Ltd; Second Defendant: Lumley General Insurance Limited
Jurisdiction
Australia
Judgment Date
09 August 2010
Procedural Posture
Civil / Post Judgment (costs Orders)
Outcome
Additional indemnity costs ordered against plaintiffs and first defendant for failure to accept settlement proposal.
Legal Topics
Costs, Offers of Settlement, Indemnity Costs, Deposit Bond, Purchaser/vendor Dispute
Equity Civil Procedure Costs Offers of Settlement Indemnity Costs Deposit Bond Purchaser/vendor Dispute

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Parties

Enrique Amaya

Plaintiff

Mary Jane Amaya

Plaintiff

Mervyn Firmstone

Plaintiff

Estate Property Holdings Pty Ltd

First Defendant

Lumley General Insurance Limited

Second Defendant

Procedural Posture

Civil / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the plaintiffs and the first defendant for failing to accept the second defendant's settlement proposal
  2. 2 Whether a different costs order should be made against the first defendant where it was a successful party

Ratio Decidendi

Both the plaintiffs and the first defendant acted unreasonably by failing to accept Lumley's reasonable settlement proposal of 22 April 2008, resulting in unnecessary additional costs. Thus, they must pay Lumley's additional costs on an indemnity basis for the relevant period.

Court Disposition

Additional indemnity costs ordered against plaintiffs and first defendant for failure to accept settlement proposal.

Orders

  • In the Amaya proceedings: Plaintiffs and the first defendant to pay to Lumley General Insurance Limited on the indemnity basis any additional costs incurred by Lumley General Insurance Limited in those proceedings after 22 April 2008 by reason of their failure to accept the proposal contained in the letter dated 22...
  • In the Firmstone proceedings: First plaintiff and the first defendant to pay to Lumley General Insurance Limited on the indemnity basis any additional costs incurred by Lumley General Insurance Limited in those proceedings after 22 April 2008 by reason of their failure to accept the proposal in the letter dated 22...