Manning v Matsen (No. 2) [2016] NSWSC 70

Manning v Matsen (No. 2) [2016] NSWSC 70

The plaintiff should pay the defendant’s costs on the ordinary basis up to and including 9 June 2014, and on the indemnity basis thereafter, because the May 2014 Calderbank offer represented a genuine compromise which the plaintiff unreasonably refused considering the information then available and the result achieved in the proceedings was no more favourable than the offer.

Jurisdiction
Australia
Judgment Date
10 February 2016
Procedural Posture
Family Provision; Costs Application / Post Judgment: Costs Determination
Outcome
Plaintiff's summons dismissed; plaintiff to pay defendant's costs—ordinary basis to 9 June 2014, indemnity basis after 9 June 2014.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offers' 'family Provision Orders' 'notional Estate']
['equity' 'succession Law' 'civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offers' 'family Provision Orders' 'notional Estate']

Case Brief

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Procedural Posture

Family Provision; Costs Application / Post Judgment: Costs Determination

Legal Issues

  1. 1 ["Whether plaintiff should pay defendant's costs on the indemnity basis after rejection of Calderbank offers" 'Whether the defendant’s Calderbank offers constituted genuine compromise and were unreasonably refused' 'Whether complexity of law or incomplete evidence justified plaintiff’s rejection of Calderbank offers']

Ratio Decidendi

The plaintiff should pay the defendant’s costs on the ordinary basis up to and including 9 June 2014, and on the indemnity basis thereafter, because the May 2014 Calderbank offer represented a genuine compromise which the plaintiff unreasonably refused considering the information then available and the result achieved in the proceedings was no more favourable than the offer.

Court Disposition

Plaintiff's summons dismissed; plaintiff to pay defendant's costs—ordinary basis to 9 June 2014, indemnity basis after 9 June 2014.

Orders

  • ["The plaintiff's Summons is dismissed." "The plaintiff will pay the defendant's costs on the ordinary basis up to and including 9 June 2014." "The plaintiff will pay the defendant's costs on the indemnity basis after 9 June 2014." 'Exhibits and subpoenaed material may be returned forthwith; any exhibits returned...