Shalhoub v Johnson (No 2) [2020] NSWSC 1506

Shalhoub v Johnson (No 2) [2020] NSWSC 1506

The second Calderbank offer made by the defendants represented a genuine compromise, and the plaintiff's failure to accept it was unreasonable in all the circumstances. This unreasonable refusal warranted the exercise of the Court's discretion to order indemnity costs in favour of the defendants from the day after the offer lapsed.

Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Civil (equity) Costs Application / Post Judgment (costs Determination)
Outcome
Plaintiff ordered to pay defendants’ costs—on standard basis up to 21 May 2019, thereafter on indemnity basis.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'compromise of Proceedings']
['equity'] ['costs' 'indemnity Costs' 'calderbank Offers' 'compromise of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil (equity) Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 ["Whether the defendants' Calderbank offers entitled them to indemnity costs against the plaintiff" "Whether the plaintiff's rejection of the Calderbank offer(s) was unreasonable" 'Whether the offers represented a genuine compromise']

Ratio Decidendi

The second Calderbank offer made by the defendants represented a genuine compromise, and the plaintiff's failure to accept it was unreasonable in all the circumstances. This unreasonable refusal warranted the exercise of the Court's discretion to order indemnity costs in favour of the defendants from the day after the offer lapsed.

Court Disposition

Plaintiff ordered to pay defendants’ costs—on standard basis up to 21 May 2019, thereafter on indemnity basis.

Orders

  • ['The order for costs made on 29 September 2020 is varied so that the plaintiff pay the defendants’ costs up to and including 21 May 2019 on an ordinary basis, and thereafter on an indemnity basis.' 'Indemnity costs to include costs of the Notice of Motion filed on 12 October 2020.']