Polon v Dorian (No 3) [2014] NSWSC 740

Polon v Dorian (No 3) [2014] NSWSC 740

The plaintiff was entitled to costs on an indemnity basis from the date of the offer because the second and fourth defendants unreasonably failed to accept a genuine Calderbank offer, and the Registrar's earlier partial costs order was set aside due to material changes in circumstances revealed by proper discovery.

Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Costs Application / Post Judgment
Outcome
Costs awarded to the plaintiff; Registrar's orders set aside.
Legal Topics
['costs' 'calderbank Offer' 'discovery' "review of Registrar's Decision"]
['civil Procedure'] ['costs' 'calderbank Offer' 'discovery' "review of Registrar's Decision"]

Case Brief

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Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 ["Should the Registrar's order of 20 August 2012, particularly the partial costs order against the plaintiff, be set aside?" "Is the plaintiff entitled to costs on an indemnity basis due to the defendants' unreasonable refusal of the Calderbank offer?"]

Ratio Decidendi

The plaintiff was entitled to costs on an indemnity basis from the date of the offer because the second and fourth defendants unreasonably failed to accept a genuine Calderbank offer, and the Registrar's earlier partial costs order was set aside due to material changes in circumstances revealed by proper discovery.

Court Disposition

Costs awarded to the plaintiff; Registrar's orders set aside.

Orders

  • ["The second and fourth defendants to pay the plaintiff's costs of and incidental to the proceedings up to 20 March 2013 on the ordinary basis." "The second and fourth defendants to pay the plaintiff's costs of and incidental to the proceedings from 21 March 2013 to the date of judgment on the indemnity basis." 'Set...