Davis v Davis (No 3) [2024] NSWSC 125

Davis v Davis (No 3) [2024] NSWSC 125

The just result was for the defendant to pay the whole of the plaintiff's costs because the plaintiff succeeded in her claim and on the cross-claim, the defendant failed, and although the $400,000 claim was abandoned at a late stage and may have increased costs, the defendant could have made an offer of compromise or Calderbank offer that might have resolved the matter or protected him on costs. The original costs order should not be amended.

Jurisdiction
Australia
Judgment Date
22 February 2024
Procedural Posture
Costs / Application to Amend Costs Order, Determined on the Papers
Outcome
Application to amend the original costs order declined; costs orders made on 15 December 2023 remain.
Legal Topics
['party/party Costs' 'discretion as to Costs' 'successful Party Costs' 'abandoned Monetary Claim' 'offer of Compromise' 'calderbank Offer']
['costs' 'equity'] ['party/party Costs' 'discretion as to Costs' 'successful Party Costs' 'abandoned Monetary Claim' 'offer of Compromise' 'calderbank Offer']

Case Brief

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Procedural Posture

Costs / Application to Amend Costs Order, Determined on the Papers

Legal Issues

  1. 1 ['Whether the costs order made on 15 December 2023 requiring the defendant to pay the costs of the whole proceedings should be amended.' "Whether the plaintiff's late abandonment of a $400,000 monetary claim justified limiting her recovery to 50% of her costs on the ordinary basis."]

Ratio Decidendi

The just result was for the defendant to pay the whole of the plaintiff's costs because the plaintiff succeeded in her claim and on the cross-claim, the defendant failed, and although the $400,000 claim was abandoned at a late stage and may have increased costs, the defendant could have made an offer of compromise or Calderbank offer that might have resolved the matter or protected him on costs. The original costs order should not be amended.

Court Disposition

Application to amend the original costs order declined; costs orders made on 15 December 2023 remain.

Orders

  • ['I decline to amend the original costs order.' 'Costs orders made on 15 December 2023 will remain.' "The defendant is to pay the whole of the plaintiff's costs of the proceedings."]