Hali Retail Stores Pty Ltd v Hafaz [2007] NSWSC 427

Hali Retail Stores Pty Ltd v Hafaz [2007] NSWSC 427

Because the defendant's offer was not made in accordance with the Rules, was made with insufficient time for proper consideration, and could not have been a formal offer under the Rules, indemnity costs are not appropriate. Costs are to be assessed on a party-party basis.

Parties
Plaintiff: Hali Retail Stores Pty Ltd; Defendant: Ayaz Hafaz
Jurisdiction
Australia
Judgment Date
11 April 2007
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Application for indemnity costs refused; party-party costs ordered.
Legal Topics
Costs, Indemnity Costs, Offers of Compromise, Calderbank Offers
Civil Procedure Costs Indemnity Costs Offers of Compromise Calderbank Offers

Case Brief

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Parties

Hali Retail Stores Pty Ltd

Plaintiff

Ayaz Hafaz

Defendant

Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the plaintiff should pay the defendant's costs on an indemnity basis due to failure to better a Calderbank offer.
  2. 2 Whether the nature and timing of the offer justified indemnity costs.

Ratio Decidendi

Because the defendant's offer was not made in accordance with the Rules, was made with insufficient time for proper consideration, and could not have been a formal offer under the Rules, indemnity costs are not appropriate. Costs are to be assessed on a party-party basis.

Court Disposition

Application for indemnity costs refused; party-party costs ordered.

Orders

  • Indemnity costs refused.
  • Plaintiff to pay defendant's costs on a party-party basis.