HEARSE & ANOR v STAUNTON & ORS [2011] NSWSC 1065

HEARSE & ANOR v STAUNTON & ORS [2011] NSWSC 1065

The Offer of Compromise and Calderbank offer made by the third, fourth, and fifth defendants was a genuine compromise conferring a real benefit to the plaintiffs, and there were no exceptional circumstances to justify departing from the general rule. Accordingly, the defendants were entitled to indemnity costs from the date specified for acceptance of the offer.

Jurisdiction
Australia
Judgment Date
12 September 2011
Procedural Posture
Costs Application / Post Judgment
Outcome
Application granted for indemnity costs from 7 April 2010.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'calderbank Offers' 'ucpr 42.2' 'ucpr 42.15 A' 'genuine Element of Compromise']
['costs'] ['indemnity Costs' 'offer of Compromise' 'calderbank Offers' 'ucpr 42.2' 'ucpr 42.15 A' 'genuine Element of Compromise']

Case Brief

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Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 ['Whether the third, fourth, and fifth defendants are entitled to indemnity costs from 7 April 2010 based on their Offer of Compromise and Calderbank offer' "Whether the defendants' offer contained a real and genuine element of compromise" 'Whether exceptional circumstances exist to justify a different costs order']

Ratio Decidendi

The Offer of Compromise and Calderbank offer made by the third, fourth, and fifth defendants was a genuine compromise conferring a real benefit to the plaintiffs, and there were no exceptional circumstances to justify departing from the general rule. Accordingly, the defendants were entitled to indemnity costs from the date specified for acceptance of the offer.

Court Disposition

Application granted for indemnity costs from 7 April 2010.

Orders

  • ['Order that the plaintiffs pay the costs of the third, fourth and fifth defendants on the ordinary basis up until 7 April 2010.' 'Order that the plaintiffs pay the costs of the third, fourth and fifth defendants on an indemnity basis from 7 April 2010.' 'Parties to confer regarding the costs of the present...