Salloway Pty Ltd v Barlow (No 2) [2019] NSWSC 1442

Salloway Pty Ltd v Barlow (No 2) [2019] NSWSC 1442

The plaintiffs' Calderbank offer constituted a genuine compromise in relation to costs, and it was unreasonable for the defendant not to accept it; accordingly, indemnity costs were awarded from the expiry of the offer.

Jurisdiction
Australia
Judgment Date
22 October 2019
Procedural Posture
Costs Application / Post Judgment Determination of Costs
Outcome
The defendant is ordered to pay the plaintiffs' costs on the ordinary basis up to and including 20 March 2019 and on an indemnity basis thereafter.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'settlement Offers']
['equity'] ['costs' 'indemnity Costs' 'calderbank Offers' 'settlement Offers']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Determination of Costs

Legal Issues

  1. 1 ["Whether plaintiffs' Calderbank offer constituted a genuine compromise" 'Whether it was unreasonable for the defendant not to accept the Calderbank offer' 'Appropriateness of indemnity costs order']

Ratio Decidendi

The plaintiffs' Calderbank offer constituted a genuine compromise in relation to costs, and it was unreasonable for the defendant not to accept it; accordingly, indemnity costs were awarded from the expiry of the offer.

Court Disposition

The defendant is ordered to pay the plaintiffs' costs on the ordinary basis up to and including 20 March 2019 and on an indemnity basis thereafter.

Orders

  • ["Defendant to pay plaintiffs' costs of proceedings on ordinary basis up to and including 20 March 2019." "Defendant to pay plaintiffs' costs of proceedings on indemnity basis after 20 March 2019."]