Callaway v Callaway; The Estate of Aileen Margaret Callaway (No. 2) [2019] NSWSC 1295

Callaway v Callaway; The Estate of Aileen Margaret Callaway (No. 2) [2019] NSWSC 1295

The plaintiff/cross-defendant did not achieve an outcome more favourable to the defendant/cross-claimant than was offered in the Calderbank letter; the offer mirrored the actual result, so the threshold for awarding indemnity costs under Calderbank principles was not satisfied.

Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Probate/equity / Costs Application After Judgment
Outcome
No additional costs orders made
Legal Topics
['indemnity Costs' 'calderbank Offers' 'costs Orders']
['equity' 'probate' 'costs'] ['indemnity Costs' 'calderbank Offers' 'costs Orders']

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Procedural Posture

Probate/equity / Costs Application After Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded on the basis of a Calderbank offer made by the plaintiff/cross-defendant']

Ratio Decidendi

The plaintiff/cross-defendant did not achieve an outcome more favourable to the defendant/cross-claimant than was offered in the Calderbank letter; the offer mirrored the actual result, so the threshold for awarding indemnity costs under Calderbank principles was not satisfied.

Court Disposition

No additional costs orders made

Orders

  • ['Make no additional costs orders.']