Vella v Vella; Vella v Vella (No 2) [2020] NSWSC 1032

Supreme Court New South Wales

Medium Neutral Citation: Vella v Vella; Vella v Vella (No 2) [2020] NSWSC 1032 Hearing dates: On the papers Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Equity - Family Provision List Before: Williams J Decision: In proceeding 2018/385260, the plaintiff's costs are to be paid out of the estate of the late Laura Anna Delores Vella on the ordinary basis up to and including 24 July 2019 and on an indemnity basis from 25 July 2019 onwards. The defendant's costs are to be paid out of the estate on an indemnity basis. In proceeding 2018/369508, the plaintiff is to pay one third of the defendant's costs on the ordinary basis. The balance of the defendant's costs are to be paid out of the estate of the late Laura Anna Delores Vella on an indemnity basis. The Court makes no order as to the plaintiff's costs, with the intention that the plaintiff will bear his own costs. Catchwords: COSTS – party/party – basis of quantification – Calderbank offers – offers of compromise – where parties to related family provision proceedings served multiple offers of compromise and Calderbank offers throughout the course of the proceeding – no offer accepted by the unsuccessful parties – where offers of compromise relied upon by the successful parties do not comply with Uniform Civil Procedure Rules 2005 (NSW) r 20.26 – where offers treated as Calderbank offers – whether unreasonable for unsuccessful parties not to accept offers Legislation Cited: Civil Procedure Act 2005 (NSW), ss 77 and 98 Succession Act 2006 (NSW), ss 59 and 99 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1 and 42.13A Cases Cited: Bartkus v Bartkus [2010] NSWSC 889 Calderbank v Calderbank [1975] 1 All ER 333 Carey v Robson [2009] NSWSC 1199 McCusker v Rutter [2010] NSWCA 318 Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392 Commonwealth of Australia v Gretton [2008] NSWCA 117 Daniels v Hall (No 2) [2014] WASC 272 Detheridge v Detheridge [2019] NSWSC 183 Estate Vella [2020] NSWSC 421 Harkness v Harkness (No 2) [2012] NSWSC 35 Hinderry v Hinderry (No 2) [2016] NSWSC 1577 Megerditchian v Khatchadourian (No 2) [2020] NSWSC 112 Meres v Meres (No 2) [2017] NSWSC 523 Moussa v Moussa [2006] NSWSC 509 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Salmon v Osmond [2015] NSWCA 42 Singer v Berghouse (1993) 67 ALJR 708 Vella v Vella; Vella v Vella [2020] NSWSC 849 Category: Costs Parties: In proceeding 2018/385260: Sandra Vella (Plaintiff) Vanessa Vella (Defendant)