George Pegios v Simon Rez – [Costs] [2022] NSWSC 915

George Pegios v Simon Rez – [Costs] [2022] NSWSC 915

The Calderbank offer did not support indemnity costs because it did not offer a true compromise but only a paltry amount, acceptance would have been tantamount to capitulation by George, George's own costs likely significantly exceeded $1,000 by the time of the offer, and it was not unreasonable for George not to accept it.

Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Costs / On the Papers After Principal Proceedings
Outcome
Plaintiff to pay defendants' costs on the ordinary basis.
Legal Topics
['calderbank Letter' 'indemnity Costs' 'ordinary Basis Costs' 'offer of Compromise']
['costs' 'civil Procedure'] ['calderbank Letter' 'indemnity Costs' 'ordinary Basis Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Costs / On the Papers After Principal Proceedings

Legal Issues

  1. 1 ["Whether the Calderbank letter dated 16 March 2022 supported an order that George Pegios pay the defendants' costs on an indemnity basis." 'Whether it was unreasonable for George Pegios not to accept the Calderbank offer.']

Ratio Decidendi

The Calderbank offer did not support indemnity costs because it did not offer a true compromise but only a paltry amount, acceptance would have been tantamount to capitulation by George, George's own costs likely significantly exceeded $1,000 by the time of the offer, and it was not unreasonable for George not to accept it.

Court Disposition

Plaintiff to pay defendants' costs on the ordinary basis.

Orders

  • ["George Pegios is to pay Simon Rez's and Reka Consultants Pty Limited's costs of the proceedings on the ordinary basis."]