Wirepa v Hill (No. 2) [2023] NSWSC 1654

Wirepa v Hill (No. 2) [2023] NSWSC 1654

Indemnity costs are awarded from 4 April 2023 because the first Calderbank letter was a genuine offer of compromise, and rejection of the offer was unreasonable, given the outcome was less favourable to the plaintiff.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 February 2024
Procedural Posture
Equity / Post Dismissal, Costs Variation
Outcome
Previous costs order varied to award indemnity costs after 4 April 2023; proceedings dismissed.
Legal Topics
['indemnity Costs' 'calderbank Letters' 'cost Orders' 'conveyancing Easements' 'compliance With Procedural Requirements']
['costs'] ['indemnity Costs' 'calderbank Letters' 'cost Orders' 'conveyancing Easements' 'compliance With Procedural Requirements']

Source-derived case record

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Procedural Posture

Equity / Post Dismissal, Costs Variation

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded based on Calderbank letters' 'Effectiveness of the first Calderbank letter' 'Reasonableness of rejecting Calderbank offer' 'Effectiveness of the second Calderbank letter with non-disparagement and confidentiality clauses']

Ratio Decidendi

Indemnity costs are awarded from 4 April 2023 because the first Calderbank letter was a genuine offer of compromise, and rejection of the offer was unreasonable, given the outcome was less favourable to the plaintiff.

Court Disposition

Previous costs order varied to award indemnity costs after 4 April 2023; proceedings dismissed.

Orders

  • ["The plaintiff shall pay 80% of the defendants' costs of these proceedings on the ordinary basis up to 4 April 2023 and thereafter pay 80 % of the defendant's costs on the indemnity basis."]