AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (No 3) [2024] NSWSC 1444

Supreme Court New South Wales

Medium Neutral Citation: AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (No 3) [2024] NSWSC 1444 Hearing dates: 23, 26 – 28 August 2024 Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: The Diocese is to pay AA's costs of the proceedings, as agreed or assessed. Catchwords: COSTS –indemnity costs – Calderbank offer – offer of compromise – whether time open for acceptance of offer was reasonable in the circumstances – where offer to settle claims about alleged abuse many years ago open for only a short period – whether it was unreasonable for the defendant not to accept offer – indemnity costs orders refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26(9), 42.13, 42.14 Cases Cited: AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle) [2024] NSWSC 1183 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85 Leichhardt Municipal Council v Green [2004] NSWCA 341 Texts Cited: Nil Category: Costs Parties: AA (Plaintiff) Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (Defendant) Representation: Counsel: S Prince SC and PA Tierney (Plaintiff) C Robertson (Defendant)

Solicitors: Koffels Solicitors & Barristers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2024/100043 Publication restriction: Nil