Gattellaro v Spencer (No 2) [2011] NSWSC 5

Gattellaro v Spencer (No 2) [2011] NSWSC 5

It was not established that the plaintiff, properly advised, should have known at any relevant stage that she had no chance of success; nor was rejection of defendants' offers unreasonable in the circumstances. Therefore, indemnity costs are refused.

Parties
Plaintiff: Yolanda Gattellaro; 1st Defendant: Keith Spencer; 2nd Defendant: William S Whitby; 3rd Defendant: David J Adams
Jurisdiction
Australia
Judgment Date
02 February 2011
Procedural Posture
Application for Costs / Post Judgment (costs Application After Substantive Proceedings)
Outcome
Application for indemnity costs refused. The defendants to pay the plaintiff's costs of this application.
Legal Topics
Indemnity Costs, Costs Orders
Common Law Indemnity Costs Costs Orders

Case Brief

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Parties

Yolanda Gattellaro

Plaintiff

Keith Spencer

1st Defendant

William S Whitby

2nd Defendant

David J Adams

3rd Defendant

Procedural Posture

Application for Costs / Post Judgment (costs Application After Substantive Proceedings)

Legal Issues

  1. 1 Whether indemnity costs should be ordered against the plaintiff
  2. 2 Whether offers and correspondence justified indemnity costs

Ratio Decidendi

It was not established that the plaintiff, properly advised, should have known at any relevant stage that she had no chance of success; nor was rejection of defendants' offers unreasonable in the circumstances. Therefore, indemnity costs are refused.

Court Disposition

Application for indemnity costs refused. The defendants to pay the plaintiff's costs of this application.

Orders

  • Application for indemnity costs refused
  • Defendants to pay the plaintiff's costs of this application