Sandstrom v FSS Trustee Corporation & Anor (No. 2) [2020] NSWSC 581

Sandstrom v FSS Trustee Corporation & Anor (No. 2) [2020] NSWSC 581

A limited stay was granted because the risk existed that, absent a stay, the judgment sum would be irrecoverable if MetLife succeeded on appeal. Indemnity costs were refused as evidence critical to the outcome was not available when the Calderbank offer was made, so rejection was not unreasonable.

Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Equity / Post Judgment Motions for Stay and Indemnity Costs Following Judgment on TPD Claim
Outcome
Limited stay of proceedings granted pending possible appeal. No order for indemnity costs made. Ordinary costs awarded to plaintiff excluding post-judgment argument.
Legal Topics
['stay of Proceedings Pending Appeal' 'costs' 'indemnity Costs' 'calderbank Offers']
['civil Procedure' 'equity'] ['stay of Proceedings Pending Appeal' 'costs' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Equity / Post Judgment Motions for Stay and Indemnity Costs Following Judgment on TPD Claim

Legal Issues

  1. 1 ['Whether a stay of execution should be granted pending appeal' 'Whether indemnity costs should be ordered from date of Calderbank offer']

Ratio Decidendi

A limited stay was granted because the risk existed that, absent a stay, the judgment sum would be irrecoverable if MetLife succeeded on appeal. Indemnity costs were refused as evidence critical to the outcome was not available when the Calderbank offer was made, so rejection was not unreasonable.

Court Disposition

Limited stay of proceedings granted pending possible appeal. No order for indemnity costs made. Ordinary costs awarded to plaintiff excluding post-judgment argument.

Orders

  • ['Execution upon the judgment stayed until 9 June 2020; if a notice of appeal is filed by then, the stay extends until determination or discontinuance of the appeal.' "Second defendant to pay plaintiff's costs of proceedings on the ordinary basis, excluding the costs of the post-judgment argument."]