Bamber v Hartman Pacific Pty Ltd; Bamber v Hartman Pacific Pty Ltd (No 2) [2017] NSWSC 1538

Bamber v Hartman Pacific Pty Ltd; Bamber v Hartman Pacific Pty Ltd (No 2) [2017] NSWSC 1538

Indemnity costs were not ordered because Hartman Pacific Pty Ltd did not disclose necessary evidence to Mr and Mrs Bamber prior to making the offers of compromise, and the short timeframe during which the offers were open, combined with the plaintiffs' travel, meant the offers did not comply with the requirement that the offeree be able to reasonably assess them. Therefore, no departure from the usual costs order was justified.

Parties
Plaintiff: William Duncan Bamber; Plaintiff: Barbara Ann Bamber; Defendant: Hartman Pacific Pty Ltd
Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Civil / Post Judgment (costs Orders)
Outcome
Usual costs order: Mr and Mrs Bamber to pay Hartman Pacific Pty Ltd's costs, as agreed or assessed.
Legal Topics
Costs, Offers of Compromise, Indemnity Costs, Calderbank Offers
Civil Procedure Costs Offers of Compromise Indemnity Costs Calderbank Offers

Case Brief

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Parties

William Duncan Bamber

Plaintiff

Barbara Ann Bamber

Plaintiff

Hartman Pacific Pty Ltd

Defendant

Procedural Posture

Civil / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether Hartman Pacific Pty Ltd is entitled to an indemnity costs order from 27 April 2017 based on offers of compromise and Calderbank offers

Ratio Decidendi

Indemnity costs were not ordered because Hartman Pacific Pty Ltd did not disclose necessary evidence to Mr and Mrs Bamber prior to making the offers of compromise, and the short timeframe during which the offers were open, combined with the plaintiffs' travel, meant the offers did not comply with the requirement that the offeree be able to reasonably assess them. Therefore, no departure from the usual costs order was justified.

Court Disposition

Usual costs order: Mr and Mrs Bamber to pay Hartman Pacific Pty Ltd's costs, as agreed or assessed.

Orders

  • Mr and Mrs Bamber pay Hartman's costs, as agreed or assessed.
  • All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined.