Scripture Union v Prime Industrial Pty Limited [2006] NSWSC 38

Scripture Union v Prime Industrial Pty Limited [2006] NSWSC 38

The plaintiff is entitled to costs against all defendants, with the burden apportioned as 76% to first and second defendants and 24% to third defendant up to 19 December 2004, and 100% to first and second defendants thereafter. The costs are assessed on different bases in respect of the parties depending on key dates and settlement offers, reflecting both referee’s contribution findings and principles governing offers of compromise/calderbank offers.

Jurisdiction
Australia
Judgment Date
03 February 2006
Procedural Posture
Civil / Judgment Costs
Outcome
Defendants ordered to pay plaintiff's costs, with apportionment and bases as specified.
Legal Topics
['costs Apportionment' 'indemnity Costs' 'calderbank Offers' 'offer of Compromise' 'cross Claims for Contribution or Indemnity']
['costs' 'civil Procedure'] ['costs Apportionment' 'indemnity Costs' 'calderbank Offers' 'offer of Compromise' 'cross Claims for Contribution or Indemnity']

Case Brief

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Procedural Posture

Civil / Judgment Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to costs against multiple unsuccessful defendants' "Appropriate apportionment of costs between defendants according to referee's findings" 'Effectiveness and consequences of Calderbank offers' 'Whether third defendant should be indemnified for costs post settlement offer' 'Proper handling of costs of cross-claims']

Ratio Decidendi

The plaintiff is entitled to costs against all defendants, with the burden apportioned as 76% to first and second defendants and 24% to third defendant up to 19 December 2004, and 100% to first and second defendants thereafter. The costs are assessed on different bases in respect of the parties depending on key dates and settlement offers, reflecting both referee’s contribution findings and principles governing offers of compromise/calderbank offers.

Court Disposition

Defendants ordered to pay plaintiff's costs, with apportionment and bases as specified.

Orders

  • ["Order the defendants to pay the plaintiff's costs of the proceedings." "Plaintiff's costs against first and second defendants to be assessed on party and party basis up to and including 19 December 2004 and on indemnity basis thereafter." "Plaintiff's costs against third defendant to be assessed on party and party...