Sweeney v He (No 2) [2022] NSWSC 854

Sweeney v He (No 2) [2022] NSWSC 854

The First Offer was a genuine compromise, the defendants achieved a significantly better outcome than the plaintiff would have obtained by accepting it, and it was unreasonable for the plaintiff not to accept it. The Court therefore exercised its costs discretion to order that indemnity costs run from the next business day after the First Offer expired.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Costs Determination Following Dismissal of Supreme Court Proceedings / On the Papers After Principal Judgment
Outcome
Plaintiff ordered to pay the defendants' costs on the ordinary basis up to and including 22 November 2021 and on the indemnity basis on and from 23 November 2021.
Legal Topics
['party/party Costs' 'indemnity Costs' 'calderbank Offer' 'bases of Quantification']
['costs' 'equity Real Property List'] ['party/party Costs' 'indemnity Costs' 'calderbank Offer' 'bases of Quantification']

Case Brief

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Procedural Posture

Costs Determination Following Dismissal of Supreme Court Proceedings / On the Papers After Principal Judgment

Legal Issues

  1. 1 ["Whether the defendants' Calderbank offers justified an order that the plaintiff pay costs on the indemnity basis." 'Whether the plaintiff acted unreasonably in refusing to accept the first Calderbank offer.' 'Whether the offers were sufficiently certain and represented a genuine compromise.']

Ratio Decidendi

The First Offer was a genuine compromise, the defendants achieved a significantly better outcome than the plaintiff would have obtained by accepting it, and it was unreasonable for the plaintiff not to accept it. The Court therefore exercised its costs discretion to order that indemnity costs run from the next business day after the First Offer expired.

Court Disposition

Plaintiff ordered to pay the defendants' costs on the ordinary basis up to and including 22 November 2021 and on the indemnity basis on and from 23 November 2021.

Orders

  • ['Proceedings dismissed.' "The plaintiff is to pay the defendants' costs of the proceedings on the ordinary basis up to and including 22 November 2021." "The plaintiff is to pay the defendants' costs of the proceedings on the indemnity basis on and from 23 November 2021."]