O’Connor v O’Connor (No 2) [2021] NSWSC 1173

O’Connor v O’Connor (No 2) [2021] NSWSC 1173

The plaintiffs' rejection of the defendant's Calderbank offer was not unreasonable given the timing, content, and context of the offer, and accordingly, only the ordinary costs order should be made.

Parties
First Plaintiff: Morgan Benedict O'Connor; Second Plaintiff: Michael Stack; Defendant: John Joseph O'Connor
Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Costs Application / Post Judgment
Outcome
Ordinary costs order made; indemnity costs refused.
Legal Topics
Costs, Indemnity Costs, Calderbank Offer
Civil Procedure Costs Indemnity Costs Calderbank Offer

Case Brief

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Parties

Morgan Benedict O'Connor

First Plaintiff

Michael Stack

Second Plaintiff

John Joseph O'Connor

Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether the plaintiffs' non-acceptance of the defendant's Calderbank offer was unreasonable and warranted an order for indemnity costs.

Ratio Decidendi

The plaintiffs' rejection of the defendant's Calderbank offer was not unreasonable given the timing, content, and context of the offer, and accordingly, only the ordinary costs order should be made.

Court Disposition

Ordinary costs order made; indemnity costs refused.

Orders

  • The plaintiffs are to pay the defendant's costs of the proceedings on the ordinary basis.