Pritchard Associates v Stevenson & Anor [2002] NSWSC 657

Pritchard Associates v Stevenson & Anor [2002] NSWSC 657

The first defendant's refusal of two reasonable Calderbank offers made by the plaintiff, which were more favourable than the outcome achieved at trial, was found to be unreasonable. In the circumstances of the case, justice required that the discretion of the court be exercised in favour of awarding indemnity costs for the period after the second offer.

Jurisdiction
Australia
Judgment Date
26 July 2002
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Application for indemnity costs granted for the period in question; costs otherwise on a party/party basis as set out in orders.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers']
['civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 ["Whether the first defendant should pay the plaintiff's costs on an indemnity basis from 4 February 1999 to 15 July 2002 following Calderbank offers."]

Ratio Decidendi

The first defendant's refusal of two reasonable Calderbank offers made by the plaintiff, which were more favourable than the outcome achieved at trial, was found to be unreasonable. In the circumstances of the case, justice required that the discretion of the court be exercised in favour of awarding indemnity costs for the period after the second offer.

Court Disposition

Application for indemnity costs granted for the period in question; costs otherwise on a party/party basis as set out in orders.

Orders

  • ["The first defendant is to pay the plaintiff's costs from 27 May 1997 to 3 February 1999 on a party/party basis." "The first defendant is to pay the plaintiff's costs from 4 February 1999 to 15 July 2002 on an indemnity basis."]