Kovac v Chanak (No 2) [2017] NSWSC 1078

Kovac v Chanak (No 2) [2017] NSWSC 1078

The Court exercised its discretion to order indemnity costs against the defendant because the plaintiff's December 2014 offer represented a reasonable compromise in the circumstances and the defendant’s rejection was unreasonable given the nature of the dispute and the ultimate outcome.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Civil / Post Judgment (costs Order)
Outcome
Defendant to pay plaintiff's costs on the indemnity basis
Legal Topics
['costs' 'indemnity Costs' 'settlement Offers' 'calderbank Offers']
['equity'] ['costs' 'indemnity Costs' 'settlement Offers' 'calderbank Offers']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs Order)

Legal Issues

  1. 1 ["Should the defendant pay the plaintiff's costs on the indemnity basis given prior settlement offers"]

Ratio Decidendi

The Court exercised its discretion to order indemnity costs against the defendant because the plaintiff's December 2014 offer represented a reasonable compromise in the circumstances and the defendant’s rejection was unreasonable given the nature of the dispute and the ultimate outcome.

Court Disposition

Defendant to pay plaintiff's costs on the indemnity basis

Orders

  • ['George Milan Chanak to pay Ljubica Kovac’s costs of the proceedings on the indemnity basis']