Shellharbour City Council v Stewart [2008] NSWLEC 216

Shellharbour City Council v Stewart [2008] NSWLEC 216

The council's conduct did not amount to such unreasonableness or special circumstance as to justify indemnity costs, and the negotiation correspondence did not rise to a sufficient Calderbank offer to warrant indemnity costs; costs are ordered on the ordinary basis.

Jurisdiction
Australia
Judgment Date
23 June 2008
Procedural Posture
Costs Application (class 4 Proceedings) / Motion for Indemnity Costs After Substantive Judgment
Outcome
Motion for indemnity costs dismissed; ordinary costs ordered.
Legal Topics
['indemnity Costs' 'calderbank Offers' 'unreasonable Conduct in Litigation']
['costs' 'local Government Law'] ['indemnity Costs' 'calderbank Offers' 'unreasonable Conduct in Litigation']

Case Brief

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Procedural Posture

Costs Application (class 4 Proceedings) / Motion for Indemnity Costs After Substantive Judgment

Legal Issues

  1. 1 ["Whether the successful respondent in class 4 proceedings is entitled to indemnity costs on basis of applicant's unreasonable conduct or Calderbank principles"]

Ratio Decidendi

The council's conduct did not amount to such unreasonableness or special circumstance as to justify indemnity costs, and the negotiation correspondence did not rise to a sufficient Calderbank offer to warrant indemnity costs; costs are ordered on the ordinary basis.

Court Disposition

Motion for indemnity costs dismissed; ordinary costs ordered.

Orders

  • ["Council to pay Councillor Rose's costs of the proceedings on the ordinary basis, except Councillor Rose to pay the council's costs of his unsuccessful motion for indemnity costs." 'The exhibits may be returned.']