Tchadovitch v Tchadovitch [2009] NSWSC 1481

Tchadovitch v Tchadovitch [2009] NSWSC 1481

None of the items which the defendants sought to exclude from the costs order ought to be disallowed, and the plaintiff's costs (assessed on the usual basis) should be paid out of the estate. Indemnity costs were refused as it was not unreasonable for the defendants to reject the Calderbank offer.

Jurisdiction
Australia
Judgment Date
30 November 2009
Procedural Posture
Consequential Orders / Post Judgment Costs Determination
Outcome
Defendants to pay $150,000 from the estate to the plaintiff towards her costs, with the balance to be assessed if not agreed.
Legal Topics
['costs' 'estate Litigation' 'procedure' 'expert Evidence' 'calderbank Offers']
['equity'] ['costs' 'estate Litigation' 'procedure' 'expert Evidence' 'calderbank Offers']

Case Brief

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Procedural Posture

Consequential Orders / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Whether specific elements of the plaintiff's costs should be disallowed from payment out of the estate" 'Whether the plaintiff is entitled to indemnity costs following a Calderbank offer']

Ratio Decidendi

None of the items which the defendants sought to exclude from the costs order ought to be disallowed, and the plaintiff's costs (assessed on the usual basis) should be paid out of the estate. Indemnity costs were refused as it was not unreasonable for the defendants to reject the Calderbank offer.

Court Disposition

Defendants to pay $150,000 from the estate to the plaintiff towards her costs, with the balance to be assessed if not agreed.

Orders

  • ["Defendants to pay out of the estate the sum of $150,000 towards the plaintiff's costs, to be paid within four months of 9 December 2009." 'The sum is to be on account of the balance of costs, which is to be assessed if no agreement can be reached.' 'The application for indemnity costs is refused.']