Trajkovski v Commonwealth Insurance Ltd (No. 3) [2020] NSWDC 752

Neither the rules offer nor the Calderbank offer provide grounds to vary the original costs order because, at the time they were made, it was not unreasonable for the plaintiff to reject them.

Jurisdiction: Australia
Judgment Date: 15 December 2020
Procedural Posture: Civil / Application to Vary Costs Order After Judgment
Outcome: Application to vary costs order dismissed
Legal Topics: ['cost Orders' 'rules Offer' 'calderbank Offer' 'indemnity Costs']

['costs'] ['cost Orders' 'rules Offer' 'calderbank Offer' 'indemnity Costs']

Case Brief

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

Procedural Posture

Civil / Application to Vary Costs Order After Judgment

Legal Issues

1 ["Whether the plaintiff should pay the defendant's costs on an indemnity basis from 4 June 2019" 'Whether it was unreasonable for the plaintiff to reject the rules offer and Calderbank offer']

Ratio Decidendi

Neither the rules offer nor the Calderbank offer provide grounds to vary the original costs order because, at the time they were made, it was not unreasonable for the plaintiff to reject them.

Court Disposition

Application to vary costs order dismissed

Orders

["The defendant's Notice of Motion dated 27 November 2020 is dismissed." 'No order as to costs of the motion.']