Clancy v Prince & 2 Ors [2001] NSWSC 164

New South Wales Supreme Court

CITATION : Clancy v Prince & 2 Ors [2001] NSWSC 164 revised - 28/03/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2184/98 HEARING DATE(S) : 13 March 2001 JUDGMENT DATE : 13 March 2001

Estelle Muriel Clancy (Plaintiff; Defendant to First Cross-Claim) PARTIES : Colin Prince (First Defendant; Cross-Claimant (First and Second Cross-Claim); Defendant to Third Cross-Claim) Lorie Corrigan Real Estate Pty Ltd ACN 068 351 477 (Second Defendant;; First Defendant to Second Cross-Claim; Cross-Claimant (Third Cross-Claim)) Loriena Mavis Corrigan (Third Defendant; Second Defendant to Second Cross-Claim) JUDGMENT OF : Santow J

C F Hodgson (Plaintiff) COUNSEL : P E King (First Defendant) P T Taylor (Second and Third Defendants) Mark Fraser (Plaintiff) SOLICITORS : Heidtman & Co (First Defendant) Murray Stewart & Fogarty (Second and Third Defendants) CATCHWORDS : COSTS — Pt 52A r33 of Supreme Court Rules not applicable in circumstances where declaratory orders sought and s55(2A) of Conveyancing Act involved and where legal question of complexity and novelty relating to contribution — Principles applicable to indemnity costs — Relevance of Calderbank type letter not within Pt 22 of Supreme Court Rules — Ambiguity in offer of settlement goes against indemnity costs — Relevance of adequate time to consider and closeness to case commencing. Conveyancing Act 1919 (NSW) s55(2A) LEGISLATION CITED : Supreme Court Act 1970 s63 Supreme Court Rules Pt 22; Pt 52A r33 Colgate Palmolive Co. & Anor v Cussons Pty. Limited (1993) 118 ALR 248 McDonnell v Hayes (Victorian Full Court, 23 August 1973, unreported) CASES CITED : Nobrager v Trustees of the Roman Catholic Church of the Archdiocese of Sydney (No 2) (NSWCA 133, 21 May 1999, unreported) Varga Group Investments No.8 Pty. Limited v. Geebung Investments Pty. Limited (NSWSC - Abadee J, 15 November, 1994 unreported) Webb v Kunich (Supreme Court New South Wales (Equity Division 3172/78) Master Cohen, 23 October 1978, unreported) DECISION : Costs recoverable on party/party basis by purchaser.