HANNAFORD v STEWART (No 2) [2011] NSWSC 722

HANNAFORD v STEWART (No 2) [2011] NSWSC 722

The court held that expenses for insurance, transportation, and storage incurred due to preservation orders were recoverable as ancillary to primary relief in detinue. The court also held that the plaintiff was entitled to indemnity costs from the dates the relevant Calderbank settlement offers expired, as those offers represented genuine compromise and were sufficiently made to trigger such an order in the defendants' refusal to accept them.

Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Civil / Post Trial, Determination of Ancillary Issues and Costs
Outcome
Orders made in favour of the plaintiff for payment of expenses and costs.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'ancillary Orders' 'damages in Detinue']
['civil Procedure' 'tort Law'] ['costs' 'indemnity Costs' 'calderbank Offers' 'ancillary Orders' 'damages in Detinue']

Case Brief

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Procedural Posture

Civil / Post Trial, Determination of Ancillary Issues and Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to recover expenses for insurance, transportation, and storage of the paintings as damages or ancillary orders to detinue relief.' 'Whether the first and second defendants should pay costs on an indemnity basis due to Calderbank settlement offers and the conduct of the proceedings.']

Ratio Decidendi

The court held that expenses for insurance, transportation, and storage incurred due to preservation orders were recoverable as ancillary to primary relief in detinue. The court also held that the plaintiff was entitled to indemnity costs from the dates the relevant Calderbank settlement offers expired, as those offers represented genuine compromise and were sufficiently made to trigger such an order in the defendants' refusal to accept them.

Court Disposition

Orders made in favour of the plaintiff for payment of expenses and costs.

Orders

  • ['Defendants to pay expenses for insurance, transportation and storage of the paintings in the amount of $7,489.96.' "Defendants to pay plaintiff's costs as follows: by the first defendant, on the ordinary basis up to 14 June 2010 and on an indemnity basis thereafter; by the second defendant, on the ordinary basis...