Leckie v Crockett & Ors (No 3) [2007] NSWIRComm 143

Leckie v Crockett & Ors (No 3) [2007] NSWIRComm 143

Although the applicant would have been better off accepting the respondents' 24 January 2007 walk away offer and there were apparent difficulties in his case, the litigation involved a real evidentiary contest about the informal family farming arrangement, its terms, and who brought it to an end. Those matters depended on evidence from the applicant, the respondents and Wendy Crockett, including issues of credit and the meaning of words used. In those circumstances it could not justly be concluded that the applicant acted unreasonably in rejecting the walk away offer, so there was no departure from the usual costs order in Matter No IRC 1188 of 2005. In Matter No IRC 5036 of 2005, justice...

Jurisdiction
Australia
Judgment Date
14 June 2007
Procedural Posture
Applications Under S.106 of the Industrial Relations Act 1996; Costs Judgment / Costs After Matter No IRC 1188 of 2005 Was Dismissed and Leave to Discontinue Matter No IRC 5036 of 2005 Was Granted
Outcome
No departure from the usual costs order in Matter No IRC 1188 of 2005; limited departure from the usual costs order in Matter No IRC 5036 of 2005.
Legal Topics
['offers of Compromise' 'calderbank Offers' 'walk Away Offer' 'indemnity Costs' 'discontinuance Costs']
['industrial Law' 'costs'] ['offers of Compromise' 'calderbank Offers' 'walk Away Offer' 'indemnity Costs' 'discontinuance Costs']

Case Brief

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Procedural Posture

Applications Under S.106 of the Industrial Relations Act 1996; Costs Judgment / Costs After Matter No IRC 1188 of 2005 Was Dismissed and Leave to Discontinue Matter No IRC 5036 of 2005 Was Granted

Legal Issues

  1. 1 ["Whether the respondents' rejected 24 January 2007 'walk away' offer justified departure from the usual costs order and an indemnity costs order against the applicant in Matter No IRC 1188 of 2005." 'Whether costs in Matter No IRC 5036 of 2005 should follow the usual order after discontinuance or be varied because affidavits filed in those proceedings were tendered in Matter No IRC 1188 of 2005.']

Ratio Decidendi

Although the applicant would have been better off accepting the respondents' 24 January 2007 walk away offer and there were apparent difficulties in his case, the litigation involved a real evidentiary contest about the informal family farming arrangement, its terms, and who brought it to an end. Those matters depended on evidence from the applicant, the respondents and Wendy Crockett, including issues of credit and the meaning of words used. In those circumstances it could not justly be concluded that the applicant acted unreasonably in rejecting the walk away offer, so there was no departure from the usual costs order in Matter No IRC 1188 of 2005. In Matter No IRC 5036 of 2005, justice...

Court Disposition

No departure from the usual costs order in Matter No IRC 1188 of 2005; limited departure from the usual costs order in Matter No IRC 5036 of 2005.

Orders

  • ['In Matter No IRC 1188 of 2005, there should not be any departure from the usual costs order, including for the costs application.' 'In Matter No IRC 5036 of 2005, the respondents should have an order in their favour in relation to the preparation of the affidavits filed in those proceedings which were tendered at...