Cockburn v The Trust Company Ltd (No 3) [2014] NSWDC 134

Cockburn v The Trust Company Ltd (No 3) [2014] NSWDC 134

Plaintiff to pay first defendant's costs on ordinary basis up to the offer of compromise, and on indemnity basis thereafter, due to the legitimate offer and conduct. Second defendant to pay the plaintiff's costs (including those payable to the first defendant) because its conduct made it fair to impose liability for those costs via a Bullock order.

Parties
Plaintiff: Raymond Cockburn; First Defendant: The Trust Company Limited; Second Defendant: Jeminex Brands and Operations Pty Ltd (formerly Beaver Brands Pty Ltd)
Jurisdiction
Australia
Judgment Date
24 July 2014
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Costs orders made against plaintiff and second defendant as specified.
Legal Topics
Costs, Offer of Compromise, Calderbank Letter, Bullock Order, Conduct of Unsuccessful Defendant
Civil Procedure Costs Offer of Compromise Calderbank Letter Bullock Order Conduct of Unsuccessful Defendant

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Parties

Raymond Cockburn

Plaintiff

The Trust Company Limited

First Defendant

Jeminex Brands and Operations Pty Ltd (formerly Beaver Brands Pty Ltd)

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs between parties following judgment
  2. 2 Basis for indemnity costs after offer of compromise
  3. 3 Appropriateness of Bullock order for costs against second defendant

Ratio Decidendi

Plaintiff to pay first defendant's costs on ordinary basis up to the offer of compromise, and on indemnity basis thereafter, due to the legitimate offer and conduct. Second defendant to pay the plaintiff's costs (including those payable to the first defendant) because its conduct made it fair to impose liability for those costs via a Bullock order.

Court Disposition

Costs orders made against plaintiff and second defendant as specified.

Orders

  • Plaintiff to pay first defendant's costs of the proceedings on the ordinary basis up to 18 March 2013.
  • Plaintiff to pay first defendant's costs on an indemnity basis from 19 March 2013.