Cantwell v Sinclair [2012] NSWSC 157

Cantwell v Sinclair [2012] NSWSC 157

Because the offers made by the plaintiff were less favourable than the judgment, and pursuant to UCPR 42.14(2), the defendant should pay the plaintiff's costs incurred from 12 February 2010 on an indemnity basis and prior costs on a party/party basis.

Parties
Plaintiff: Melanie Cantwell; Defendant: Douglas Sinclair
Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Defamation/civil / Costs Determination After Judgment
Outcome
Proceedings dismissed except for costs orders; defendant ordered to pay costs.
Legal Topics
Indemnity Costs, Offer of Compromise, Calderbank Letter, Uniform Civil Procedure Rules, Defamation Act
Costs Defamation Indemnity Costs Offer of Compromise Calderbank Letter Uniform Civil Procedure Rules Defamation Act

Case Brief

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Parties

Melanie Cantwell

Plaintiff

Douglas Sinclair

Defendant

Procedural Posture

Defamation/civil / Costs Determination After Judgment

Legal Issues

  1. 1 Whether indemnity costs should be ordered pursuant to rule 42.14(2) of the Uniform Civil Procedure Rules 2005 and s 40 of the Defamation Act 2005
  2. 2 Reasonableness of defendant's rejection of offers of compromise and Calderbank offers

Ratio Decidendi

Because the offers made by the plaintiff were less favourable than the judgment, and pursuant to UCPR 42.14(2), the defendant should pay the plaintiff's costs incurred from 12 February 2010 on an indemnity basis and prior costs on a party/party basis.

Court Disposition

Proceedings dismissed except for costs orders; defendant ordered to pay costs.

Orders

  • The defendant pay the plaintiff's costs of and incidental to the proceeding incurred up to and including 11 February 2010 on a party/party basis.
  • The defendant pay the plaintiff's costs incurred from 12 February 2010 on an indemnity basis.