Zaki Property Pty Ltd v ACE Australian construction Experts Pty Ltd (No 2) [2018] NSWSC 1207

Zaki Property Pty Ltd v ACE Australian construction Experts Pty Ltd (No 2) [2018] NSWSC 1207

Since ACE had ample time and information regarding TSA's claim before the Calderbank offer, and had taken advice and rejected the claim, it is appropriate for the indemnity costs order to run from 1 May 2018, the date of the Calderbank offer.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Notice of Motion / Costs Determination Following Substantive Judgment
Outcome
Costs ordered to be paid by ACE to TSA; payable on the ordinary basis up to 1 May 2018 and on the indemnity basis thereafter.
Legal Topics
['party/party Costs' 'bases of Quantification' 'ordinary Basis' 'indemnity Basis' 'offers of Compromise' 'calderbank Offers']
['equity' 'costs'] ['party/party Costs' 'bases of Quantification' 'ordinary Basis' 'indemnity Basis' 'offers of Compromise' 'calderbank Offers']

Source-derived case record

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Procedural Posture

Notice of Motion / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be paid on the indemnity basis rather than the ordinary basis from 1 May 2018' 'Whether indemnity costs should run from the date of the Calderbank offer or from the expiry of the period for which the offer was open']

Ratio Decidendi

Since ACE had ample time and information regarding TSA's claim before the Calderbank offer, and had taken advice and rejected the claim, it is appropriate for the indemnity costs order to run from 1 May 2018, the date of the Calderbank offer.

Court Disposition

Costs ordered to be paid by ACE to TSA; payable on the ordinary basis up to 1 May 2018 and on the indemnity basis thereafter.

Orders

  • ["ACE Australian Construction Experts Pty Ltd to pay TSA Management Pty Ltd's costs of the notice of motion on the ordinary basis up to 1 May 2018, and on the indemnity basis thereafter."]