Abdi v Abdi (No 2) [2022] NSWSC 582

Abdi v Abdi (No 2) [2022] NSWSC 582

It was not unreasonable for Nazih Abdi to reject the plaintiff's Calderbank 'walk away' offer at the time it was made, given the early stage (prior to the filing of evidence), the lack of information about the quantum of costs to be forgone, and the offer's requirement of joint acceptance by both defendants. Therefore, there is no basis to depart from the usual order as to costs made in the principal judgment.

Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Equity Costs Determination / Post Judgment Application for Variation of Costs Order
Outcome
Application for variation of costs order refused. Previous costs order stands.
Legal Topics
['costs' 'calderbank Offers' 'party/party Costs' 'determination of Reasonableness to Accept Offer']
['civil Procedure' 'equity'] ['costs' 'calderbank Offers' 'party/party Costs' 'determination of Reasonableness to Accept Offer']

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Procedural Posture

Equity Costs Determination / Post Judgment Application for Variation of Costs Order

Legal Issues

  1. 1 ["Whether a 'walk away' Calderbank offer constituted a genuine offer of compromise for the purpose of varying the usual order for costs" "Whether Nazih's rejection of the Calderbank offer was unreasonable, justifying an order for indemnity costs against him"]

Ratio Decidendi

It was not unreasonable for Nazih Abdi to reject the plaintiff's Calderbank 'walk away' offer at the time it was made, given the early stage (prior to the filing of evidence), the lack of information about the quantum of costs to be forgone, and the offer's requirement of joint acceptance by both defendants. Therefore, there is no basis to depart from the usual order as to costs made in the principal judgment.

Court Disposition

Application for variation of costs order refused. Previous costs order stands.

Orders

  • ['No further order as to costs.']