Williamson v Carneys Lawyers (No 2) [2015] NSWSC 1175

Williamson v Carneys Lawyers (No 2) [2015] NSWSC 1175

There was no proper basis to defer costs pending the outcome of other proceedings, and the defendants' Calderbank offer provided justification for indemnity costs from the day after the offer expired.

Jurisdiction
Australia
Judgment Date
17 August 2015
Procedural Posture
Costs Application / Post Judgment Motion Decision
Outcome
Plaintiff's application dismissed; costs awarded to first and third defendants.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'deferral of Costs Order']
['costs'] ['indemnity Costs' 'calderbank Offer' 'deferral of Costs Order']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Motion Decision

Legal Issues

  1. 1 ['Whether costs order should be deferred pending resolution of separate proceedings' 'Whether indemnity costs should be ordered following an unaccepted Calderbank offer']

Ratio Decidendi

There was no proper basis to defer costs pending the outcome of other proceedings, and the defendants' Calderbank offer provided justification for indemnity costs from the day after the offer expired.

Court Disposition

Plaintiff's application dismissed; costs awarded to first and third defendants.

Orders

  • ["Dismiss the plaintiff's notice of motion filed on 10 August 2015." "Order the plaintiff to pay the first and third defendants' costs of the proceedings on an ordinary basis up to and including 22 August 2014 and on an indemnity basis thereafter."]