Hawkes Menangle Pty Ltd v Brennan (No 2) [2023] NSWSC 1486

Hawkes Menangle Pty Ltd v Brennan (No 2) [2023] NSWSC 1486

The second letter from the plaintiff was a valid Calderbank offer involving genuine compromise regarding costs, and it was unreasonable for the defendants to reject it; accordingly, costs are ordered on the ordinary basis up to 28 September 2022 and on the indemnity basis thereafter.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Civil / Costs Determination Following Trial Judgment
Outcome
Defendants ordered to pay plaintiff's costs on ordinary basis up to and including 28 September 2022, and on an indemnity basis thereafter.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offer' 'party/party Costs' 'offer of Compromise']
['equity' 'real Property' 'civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offer' 'party/party Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Civil / Costs Determination Following Trial Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded on the indemnity basis following rejection of a Calderbank offer' 'Whether an earlier informal offer justified indemnity costs']

Ratio Decidendi

The second letter from the plaintiff was a valid Calderbank offer involving genuine compromise regarding costs, and it was unreasonable for the defendants to reject it; accordingly, costs are ordered on the ordinary basis up to 28 September 2022 and on the indemnity basis thereafter.

Court Disposition

Defendants ordered to pay plaintiff's costs on ordinary basis up to and including 28 September 2022, and on an indemnity basis thereafter.

Orders

  • ["Defendants pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 28 September 2022." "Defendants pay the plaintiff's costs of the proceedings on an indemnity basis from 29 September 2022."]