Porter v. Lachlan Shire Council (No.2) [2006] NSWCA 252

Porter v. Lachlan Shire Council (No.2) [2006] NSWCA 252

It was unreasonable for the appellant not to accept the genuine compromise Calderbank offer, given the limited prospects of success and costs implications, so costs from 13 May 2005 should be paid on an indemnity basis.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 September 2006
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
Costs payable by the appellant from 13 May 2005 to be paid on an indemnity basis.
Legal Topics
['costs' 'appeal' 'calderbank Offer' 'indemnity Costs']
['civil Procedure'] ['costs' 'appeal' 'calderbank Offer' 'indemnity Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 ["Whether appellant's refusal of a Calderbank offer was unreasonable" 'Whether indemnity costs should be ordered']

Ratio Decidendi

It was unreasonable for the appellant not to accept the genuine compromise Calderbank offer, given the limited prospects of success and costs implications, so costs from 13 May 2005 should be paid on an indemnity basis.

Court Disposition

Costs payable by the appellant from 13 May 2005 to be paid on an indemnity basis.

Orders

  • ['The costs payable by the appellant from 13 May 2005 be paid on an indemnity basis.']