Legal Minds Pty Ltd t/as Legal Minds v Ebsworth (No 2) [2023] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: Legal Minds Pty Ltd t/as Legal Minds v Ebsworth (No 2) [2023] NSWSC 890 Hearing dates: 28 July 2023 Decision date: 31 July 2023 Jurisdiction: Common Law Before: Adamson JA Decision: (1) Note that, within the time specified, the defendant made an application for a different order for costs other than the one provided for in order (2) made on 20 October 2022. (2) Order the plaintiff to pay the defendant's costs up to and including 24 July 2022 on the ordinary basis and thereafter on an indemnity basis. (3) Note the undertaking given by Christopher Serow to the Court and to the defendant on 7 March 2023, which has been placed on the Court file, to the effect that he will pay the defendant's costs as agreed or assessed to the extent to which they have not been paid by the plaintiff. Catchwords: COSTS — application for indemnity costs — Calderbank offer — whether rejection of defendant's offers was unreasonable — offers made prior to defendant serving evidence — plaintiff put on notice of matters later raised in defence prior to commencement of proceedings — plaintiff's awareness as to defendant's circumstances and claim potentially being unsuccessful — offers contained significant element of compromise Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW), s 57 Conveyancing Act 1919 (NSW), s 111 Uniform Civil Procedure Rules 2005 (NSW), r 20.26 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Legal Minds Pty Ltd t/as Legal Minds v Ebsworth [2022] NSWSC 1420 Wentworth v Rogers (2006) 66 NSWLR 474; [2006] NSWCA 145 Category: Costs Parties: Legal Minds Pty Ltd t/as Legal Minds (Plaintiff) Marion Ebsworth (Defendant) Representation: Counsel: D Eardley (Plaintiff) I King (Defendant)