Williams v Williams (No. 2) [2022] NSWSC 1419

Williams v Williams (No. 2) [2022] NSWSC 1419

The plaintiff's refusal to accept the defendant's Calderbank offer was not unreasonable. The offer was conditional upon acceptance by other parties (Anne and Cate), who were unwilling; it exposed the plaintiff to valuation and refinancing risk, whereas the court's orders provided certainty. The defendant's motion...

Source-derived case information.

Parties
Plaintiff: Mr Richard Noel Williams; Defendant: Mr Timothy George Williams
Jurisdiction
Australia
Judgment Date
19 October 2022
Procedural Posture
Motion for Costs (consequential Orders) in Family Provision Proceedings / Post Judgment, Costs Motion
Outcome
Defendant's motion dismissed. Defendant ordered to pay plaintiff's costs of the motion.
Legal Topics
Indemnity Costs, Calderbank Offers, Family Provision, Costs Assessment
Equity Succession Law Civil Procedure Indemnity Costs Calderbank Offers Family Provision Costs Assessment

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Summary, issues, holding and outcome

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Parties

Mr Richard Noel Williams

Plaintiff

Mr Timothy George Williams

Defendant

Procedural Posture

Motion for Costs (consequential Orders) in Family Provision Proceedings / Post Judgment, Costs Motion

Legal Issues

  1. 1 Whether the defendant is entitled to indemnity costs following a Calderbank offer
  2. 2 Whether the plaintiff's refusal of the Calderbank offer was unreasonable
  3. 3 Whether the Calderbank offer was more favourable than the court orders

Ratio Decidendi

The plaintiff's refusal to accept the defendant's Calderbank offer was not unreasonable. The offer was conditional upon acceptance by other parties (Anne and Cate), who were unwilling; it exposed the plaintiff to valuation and refinancing risk, whereas the court's orders provided certainty. The defendant's motion for indemnity costs was dismissed.

Court Disposition

Defendant's motion dismissed. Defendant ordered to pay plaintiff's costs of the motion.

Orders

  • Dismiss the defendant's motion of 14 June 2022.
  • Order the defendant to pay the plaintiff's costs of the motion on the ordinary basis.