Edwards v Merlaust Pty Ltd (Costs) [2024] NSWSC 25

Edwards v Merlaust Pty Ltd (Costs) [2024] NSWSC 25

The pretrial Calderbank offer was not renewed for the appeal and was open for only a very limited time, thus, in accordance with case law, does not justify departure from the usual costs order. The discretion to grant indemnity costs is not exercised in these circumstances.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Appeal From the Local Court / Costs Determination After Appeal Decision
Outcome
Indemnity costs order refused; usual costs order made.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']
['civil Procedure'] ['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']

Case Brief

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Procedural Posture

Appeal From the Local Court / Costs Determination After Appeal Decision

Legal Issues

  1. 1 ['Whether Merlaust Pty Ltd is entitled to an indemnity costs order based on a pretrial Calderbank offer not renewed before appeal']

Ratio Decidendi

The pretrial Calderbank offer was not renewed for the appeal and was open for only a very limited time, thus, in accordance with case law, does not justify departure from the usual costs order. The discretion to grant indemnity costs is not exercised in these circumstances.

Court Disposition

Indemnity costs order refused; usual costs order made.

Orders

  • ["Mr and Mrs Edwards bear Merlaust's costs, as agreed or assessed."]