Heperu Pty Ltd & Ors v Patricia Belle (No. 3) [2013] NSWSC 1088

Heperu Pty Ltd & Ors v Patricia Belle (No. 3) [2013] NSWSC 1088

Given the mixed outcome before Palmer J, and Ms Belle's failure to concede liability as a volunteer, each party should bear its own costs of the Palmer J proceedings. For the retained benefit assessment hearing before Slattery J, costs should follow the event and be paid by Ms Belle to Heperu, and on an indemnity basis from 23 March 2010 due to rejection of a reasonable Calderbank offer.

Parties
Plaintiff: Heperu Pty Ltd; Fourth Defendant: Patricia Belle
Jurisdiction
Australia
Judgment Date
13 August 2013
Procedural Posture
Civil / Judgment on Costs After Trial and Appeals
Outcome
Costs allocated: each party to bear its own costs before Palmer J; fourth defendant to pay plaintiff’s costs of assessment hearing before Slattery J, with indemnity from 23 March 2010.
Legal Topics
Costs Orders, Tracing of Misappropriated Funds, Indemnity Costs, Mixed Outcome Proceedings
Civil Procedure Costs Orders Tracing of Misappropriated Funds Indemnity Costs Mixed Outcome Proceedings

Case Brief

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Parties

Heperu Pty Ltd

Plaintiff

Patricia Belle

Fourth Defendant

Procedural Posture

Civil / Judgment on Costs After Trial and Appeals

Legal Issues

  1. 1 Whether the fourth defendant should pay the plaintiff’s costs of the proceedings or some part of the proceedings
  2. 2 Appropriate apportionment of costs after mixed findings
  3. 3 Entitlement to indemnity costs based on prior settlement offers

Ratio Decidendi

Given the mixed outcome before Palmer J, and Ms Belle's failure to concede liability as a volunteer, each party should bear its own costs of the Palmer J proceedings. For the retained benefit assessment hearing before Slattery J, costs should follow the event and be paid by Ms Belle to Heperu, and on an indemnity basis from 23 March 2010 due to rejection of a reasonable Calderbank offer.

Court Disposition

Costs allocated: each party to bear its own costs before Palmer J; fourth defendant to pay plaintiff’s costs of assessment hearing before Slattery J, with indemnity from 23 March 2010.

Orders

  • Each of the plaintiff and fourth defendant will bear its and her own costs of the proceedings before Palmer J.
  • Fourth defendant ordered to pay the plaintiff's costs of the assessment proceedings before Slattery J, those costs to be paid on an indemnity basis from 23 March 2010.