Used Cars Plus Pty Ltd v Ultimate Car Rentals Australia Pty Ltd [2018] NSWSC 476

Used Cars Plus Pty Ltd v Ultimate Car Rentals Australia Pty Ltd [2018] NSWSC 476

The plaintiff's refusal of the defendants’ Calderbank offer was unreasonable given the knowledge of their financial position and the terms of the offer. The court exercises discretion to order costs on an indemnity basis after 15 February 2018.

Parties
Plaintiff: Used Cars Plus Pty Ltd; First Defendant: Ultimate Car Rentals Australia Pty Ltd; Second Defendant: Fotis Zervas; Third Defendant: Fabio Alves
Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Security for Costs Application / Interlocutory Ruling
Outcome
Orders made for provision of security for costs, including amount and method; proceedings stayed until security paid; plaintiff to pay costs on ordinary and indemnity basis as specified.
Legal Topics
Security for Costs, Costs Orders, Calderbank Offers
Civil Procedure Security for Costs Costs Orders Calderbank Offers

Case Brief

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Parties

Used Cars Plus Pty Ltd

Plaintiff

Ultimate Car Rentals Australia Pty Ltd

First Defendant

Fotis Zervas

Second Defendant

Fabio Alves

Third Defendant

Procedural Posture

Security for Costs Application / Interlocutory Ruling

Legal Issues

  1. 1 Whether the plaintiff should provide security for costs
  2. 2 Whether costs should be awarded on an indemnity basis after rejection of a Calderbank offer

Ratio Decidendi

The plaintiff's refusal of the defendants’ Calderbank offer was unreasonable given the knowledge of their financial position and the terms of the offer. The court exercises discretion to order costs on an indemnity basis after 15 February 2018.

Court Disposition

Orders made for provision of security for costs, including amount and method; proceedings stayed until security paid; plaintiff to pay costs on ordinary and indemnity basis as specified.

Orders

  • The plaintiff provide security for costs as specified.
  • The amount of security to be $90,000.