Hunter v Roberts (No 2) [2019] NSWCA 235

Hunter v Roberts (No 2) [2019] NSWCA 235

The respondent acted unreasonably in refusing the applicant’s Calderbank offer, given the offer’s clarity, reasonable opportunity for acceptance, and the applicant’s strong prospects of success; therefore, indemnity costs from the date of the offer are justified.

Jurisdiction
Australia
Judgment Date
24 September 2019
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
Order varied to award indemnity costs after 24 December 2018; respondent to pay applicant's costs of this motion.
Legal Topics
['costs' 'calderbank Offers' 'indemnity Costs']
['civil Procedure'] ['costs' 'calderbank Offers' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether the respondent acted unreasonably in refusing a Calderbank offer, thereby justifying indemnity costs']

Ratio Decidendi

The respondent acted unreasonably in refusing the applicant’s Calderbank offer, given the offer’s clarity, reasonable opportunity for acceptance, and the applicant’s strong prospects of success; therefore, indemnity costs from the date of the offer are justified.

Court Disposition

Order varied to award indemnity costs after 24 December 2018; respondent to pay applicant's costs of this motion.

Orders

  • ['Order 9 varied: respondent to pay applicant’s costs of the appeal on ordinary basis up to and including 24 December 2018, and thereafter, on indemnity basis.' 'Respondent to pay applicant’s costs of this motion.']