Kelly v Szatow (No 2) [2020] NSWSC 596

Kelly v Szatow (No 2) [2020] NSWSC 596

Costs should follow the event and be awarded against the unsuccessful plaintiff. Indemnity costs are not appropriate because the Calderbank offers, though genuine, were not open for a reasonable time and it was not unreasonable for the plaintiff to reject the second offer.

Parties
Plaintiff: Peter Kelly; First Defendant: Cheryl Szatow; Second Defendant: Martin Smith; Third Defendant: Donna Greenfield; Fourth Defendant: Jeff Pettett
Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Appeal Proceedings / Costs Order Following Dismissal of Appeal
Outcome
Costs order against plaintiff on ordinary basis
Legal Topics
Indemnity Costs, Calderbank Offers, General Rule That Costs Follow the Event
Administrative Law Costs Indemnity Costs Calderbank Offers General Rule That Costs Follow the Event

Case Brief

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Parties

Peter Kelly

Plaintiff

Cheryl Szatow

First Defendant

Martin Smith

Second Defendant

Donna Greenfield

Third Defendant

Jeff Pettett

Fourth Defendant

Procedural Posture

Appeal Proceedings / Costs Order Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs should be ordered against the plaintiff and if so, whether on an ordinary or indemnity basis

Ratio Decidendi

Costs should follow the event and be awarded against the unsuccessful plaintiff. Indemnity costs are not appropriate because the Calderbank offers, though genuine, were not open for a reasonable time and it was not unreasonable for the plaintiff to reject the second offer.

Court Disposition

Costs order against plaintiff on ordinary basis

Orders

  • The plaintiff is to pay the defendants' costs of the appeal proceedings on an ordinary basis.