Kalache v Secureclean Pty Ltd (No 3) [2019] NSWDC 718

The defendant failed to establish that its offer of compromise was left open for a period reasonable in all the circumstances, given the short time available, logistical hurdles, and plaintiff’s specific needs. Accordingly, indemnity costs were refused.

Parties: Plaintiff: Klaudette Kalache; Second Defendant: Secureclean Pty Ltd
Jurisdiction: Australia
Judgment Date: 24 October 2019
Procedural Posture: Civil / Post Trial, Application for Indemnity Costs
Outcome: Application for indemnity costs refused; ordinary costs awarded with adjustment for costs incurred due to the indemnity costs application.
Legal Topics: Application for Indemnity Costs, Reasonableness of Time for Offer of Compromise, Uniform Civil Procedure Rules Compliance

Costs Application for Indemnity Costs Reasonableness of Time for Offer of Compromise Uniform Civil Procedure Rules Compliance

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Parties

Klaudette Kalache

Plaintiff

Secureclean Pty Ltd

Second Defendant

Procedural Posture

Civil / Post Trial, Application for Indemnity Costs

Legal Issues

1 Whether the defendant's offer of compromise was open for a reasonable period in all the circumstances to warrant indemnity costs

Ratio Decidendi

Court Disposition

Application for indemnity costs refused; ordinary costs awarded with adjustment for costs incurred due to the indemnity costs application.

Orders

Plaintiff to pay the second defendant's costs on the ordinary basis up until 4pm the day prior to the judgment and any costs incurred by the defendant thereafter not relating to the indemnity costs application.
Second defendant to pay the plaintiff's costs of the application for indemnity costs.