Jordan v HLB Mann Judd Wealth Management (NSW) Pty Ltd (No 2) [2013] FCA 381

Jordan v HLB Mann Judd Wealth Management (NSW) Pty Ltd (No 2) [2013] FCA 381

Because the respondents' Calderbank offer was open until 4.00 pm on 24 May 2012, was rejected before that time, and the rejection was conceded to have been imprudent and unreasonable, indemnity costs should be awarded only after the offer was rejected; as there was no evidence of the specific time of despatch of the rejection letter on 23 May 2012, indemnity costs were ordered from and including 24 May 2012.

Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Costs Application / Decided on the Papers After Orders Dismissing the Proceeding With Costs
Outcome
Respondents' application for indemnity costs granted in part.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'unreasonable Refusal of Settlement Offer' 'offers of Compromise']
['costs'] ['indemnity Costs' 'calderbank Offer' 'unreasonable Refusal of Settlement Offer' 'offers of Compromise']

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Procedural Posture

Costs Application / Decided on the Papers After Orders Dismissing the Proceeding With Costs

Legal Issues

  1. 1 ["Whether indemnity costs should be awarded by reason of the applicant's unreasonable refusal of a Calderbank offer of settlement." 'From what date indemnity costs should be awarded.']

Ratio Decidendi

Because the respondents' Calderbank offer was open until 4.00 pm on 24 May 2012, was rejected before that time, and the rejection was conceded to have been imprudent and unreasonable, indemnity costs should be awarded only after the offer was rejected; as there was no evidence of the specific time of despatch of the rejection letter on 23 May 2012, indemnity costs were ordered from and including 24 May 2012.

Court Disposition

Respondents' application for indemnity costs granted in part.

Orders

  • ['The costs awarded pursuant to Order 3 made on 9 April 2013 be taxed and paid: (a) For costs incurred prior to 24 May 2012, on the party/party basis; and (b) For costs incurred on and after 24 May 2012, on an indemnity basis.']