Perisher Blue Pty Limited v Castle [2020] NSWSC 1943

Perisher Blue Pty Limited v Castle [2020] NSWSC 1943

The court found that the defendant's offers in May and June 2019 were genuine attempts at compromise made following a settlement conference and, in the context, it was not unreasonable for the plaintiff to have responded within the time stated. The usual order for costs was therefore varied: the plaintiff to pay the defendant's costs on an ordinary basis up to 22 May 2019 and on an indemnity basis from 23 May 2019.

Parties
Applicant: Perisher Blue Pty Limited; Respondent: Deborah Janice Castle
Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Costs Application / Post Judgment
Outcome
Plaintiff to pay defendant's costs on ordinary basis up to 22 May 2019, and on indemnity basis from 23 May 2019.
Legal Topics
Costs, Indemnity Costs, Calderbank Offers, Offers of Compromise
Civil Procedure Costs Indemnity Costs Calderbank Offers Offers of Compromise

Case Brief

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Parties

Perisher Blue Pty Limited

Applicant

Deborah Janice Castle

Respondent

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether the defendant should obtain an order for indemnity costs from a point earlier than the date of the Offer of Compromise, having regard to Calderbank offers made

Ratio Decidendi

The court found that the defendant's offers in May and June 2019 were genuine attempts at compromise made following a settlement conference and, in the context, it was not unreasonable for the plaintiff to have responded within the time stated. The usual order for costs was therefore varied: the plaintiff to pay the defendant's costs on an ordinary basis up to 22 May 2019 and on an indemnity basis from 23 May 2019.

Court Disposition

Plaintiff to pay defendant's costs on ordinary basis up to 22 May 2019, and on indemnity basis from 23 May 2019.

Orders

  • The plaintiff pay the defendant's costs on an ordinary basis up to 22 May 2019.
  • The plaintiff pay the defendant's costs on an indemnity basis from 23 May 2019.