Sapra Enterprises Pty Ltd v Cooper (No 2) [2021] NSWSC 457

Sapra Enterprises Pty Ltd v Cooper (No 2) [2021] NSWSC 457

Costs were ordered on the ordinary basis up to the date of the Calderbank offer and on the indemnity basis after that date as the defence was unreasonably pursued post-offer; as the third defendant disclaimed any interest in the paid-in funds and those funds represent the first defendant's benefit, the court ordered they be paid to the plaintiff in satisfaction of its judgment debts against the defendants.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Civil / Post Judgment (costs and Payment Orders)
Outcome
Judgment for the plaintiff against the first and second defendants; Cross claim dismissed; Plaintiff entitled to monies paid into court; Defendants to pay costs on specified bases.
Legal Topics
['costs' 'calderbank Offer' 'indemnity Costs' 'debt Recovery' 'conveyancing Act S 37 A' 'release of Monies Paid Into Court']
['equity' 'civil Procedure'] ['costs' 'calderbank Offer' 'indemnity Costs' 'debt Recovery' 'conveyancing Act S 37 A' 'release of Monies Paid Into Court']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs and Payment Orders)

Legal Issues

  1. 1 ['Whether costs should be ordered on the indemnity basis following a Calderbank offer and unreasonably pursued defences' 'Whether monies paid into court by the third defendant should be paid to the plaintiff under s 37A of the Conveyancing Act and UCPR r 41.3']

Ratio Decidendi

Costs were ordered on the ordinary basis up to the date of the Calderbank offer and on the indemnity basis after that date as the defence was unreasonably pursued post-offer; as the third defendant disclaimed any interest in the paid-in funds and those funds represent the first defendant's benefit, the court ordered they be paid to the plaintiff in satisfaction of its judgment debts against the defendants.

Court Disposition

Judgment for the plaintiff against the first and second defendants; Cross claim dismissed; Plaintiff entitled to monies paid into court; Defendants to pay costs on specified bases.

Orders

  • ['Judgment for the Plaintiff against the First Defendant in the sum of $1,135,664.' 'Judgment for the Plaintiff against the Second Defendant in the sum of $1,135,664.' 'The Cross Claim be dismissed.' 'Declare that the Plaintiff is entitled to receive all of the monies paid into Court by David Charles Balog, the...