Stuart Klees v M101 Holdings Pty Ltd [2021] NSWSC 271

Stuart Klees v M101 Holdings Pty Ltd [2021] NSWSC 271

It was not unreasonable for the plaintiff not to accept the settlement offers because the first offer provided no genuine compromise, and the second offer was modest compared to the plaintiff's alleged investment and close to the hearing. Thus, indemnity costs were not granted; costs to be paid on an ordinary basis.

Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Equity Commercial List / Post Judgment Costs Determination
Outcome
Plaintiff to pay the costs of the third and fourth defendants on an ordinary basis
Legal Topics
['settlement Offers' 'indemnity Costs' 'ordinary Costs']
['costs'] ['settlement Offers' 'indemnity Costs' 'ordinary Costs']

Case Brief

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Procedural Posture

Equity Commercial List / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether non-acceptance of settlement offers warrants ordering indemnity costs against the unsuccessful plaintiff']

Ratio Decidendi

It was not unreasonable for the plaintiff not to accept the settlement offers because the first offer provided no genuine compromise, and the second offer was modest compared to the plaintiff's alleged investment and close to the hearing. Thus, indemnity costs were not granted; costs to be paid on an ordinary basis.

Court Disposition

Plaintiff to pay the costs of the third and fourth defendants on an ordinary basis

Orders

  • ['The plaintiff is to pay the costs of the third defendant' 'The plaintiff is to pay the costs of the fourth defendant']