Peters v Gough [2023] NSWSC 361

Peters v Gough [2023] NSWSC 361

It was not appropriate to award indemnity costs where proceedings were dismissed by consent, with an ordinary party/party costs order, following unresolved cost negotiations and prior Calderbank offers, as there was no judicial determination on the merits, and no clear evidence that the plaintiff's claim was hopeless or that the defendant suffered greater prejudice than accounted for in the consent orders.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Civil / Post Settlement Costs Application
Outcome
Defendant's application for indemnity costs rejected.
Legal Topics
['indemnity Costs' 'calderbank Offers' 'party/party Costs' 'basis of Quantification' 'consent Orders']
['costs'] ['indemnity Costs' 'calderbank Offers' 'party/party Costs' 'basis of Quantification' 'consent Orders']

Case Brief

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Procedural Posture

Civil / Post Settlement Costs Application

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded where proceedings were dismissed by consent and prior Calderbank offers had been made.']

Ratio Decidendi

It was not appropriate to award indemnity costs where proceedings were dismissed by consent, with an ordinary party/party costs order, following unresolved cost negotiations and prior Calderbank offers, as there was no judicial determination on the merits, and no clear evidence that the plaintiff's claim was hopeless or that the defendant suffered greater prejudice than accounted for in the consent orders.

Court Disposition

Defendant's application for indemnity costs rejected.

Orders

  • ['No order for indemnity costs in favour of the defendant.']