Monique Frances King v SESAHS & Anor [2005] NSWSC 416

Monique Frances King v SESAHS & Anor [2005] NSWSC 416

The plaintiff was not entitled to indemnity costs as the defendants’ refusal of both the offer of compromise and Calderbank offer was reasonable in the circumstances and did not warrant an award of indemnity costs under established principles.

Jurisdiction
Australia
Judgment Date
29 April 2005
Procedural Posture
Application for Indemnity Costs / Post Judgment Costs Application
Outcome
Plaintiff's application for indemnity costs refused; plaintiff to pay defendant's costs of the application.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offers']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offers']

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Procedural Posture

Application for Indemnity Costs / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to indemnity costs based on an offer of compromise under the Supreme Court Rules' 'Whether the plaintiff is entitled to indemnity costs based on a Calderbank offer']

Ratio Decidendi

The plaintiff was not entitled to indemnity costs as the defendants’ refusal of both the offer of compromise and Calderbank offer was reasonable in the circumstances and did not warrant an award of indemnity costs under established principles.

Court Disposition

Plaintiff's application for indemnity costs refused; plaintiff to pay defendant's costs of the application.

Orders

  • ["Plaintiff's application for indemnity costs is refused." "Plaintiff to pay the defendant's costs of the application."]