NSW Caselaw
New South Wales Supreme Court
CITATION : Roberts v Rodier [2006] NSWSC 1084
HEARING DATE(S) : 25 September 2006
JUDGMENT DATE : 18 October 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Indemnity costs refused. First and second defendants to pay 92.5% of plaintiff's costs. Pre-judgment interest awarded.
CATCHWORDS : PROCEDURE – costs – Calderbank letter – effect of an imprecise offer – effect of an offer to settle if offeree pays a stipulated amount in costs – effect of an offer which if accepted might not completely disentangle offeree from the proceedings – PROCEDURE – interest on damages – principles for calculating
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Darryll Cullen v ZLB Behring LLC [2006] NSWSC 359 Forster v Farquhar [1893] 1 QB 564 MBP (SA) Pty Limited v Gogic (1991) 171 CLR 657 Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (unreported, Hodgson CJ in Eq, New South Wales Supreme Court, 3 June 1998) Roberts v Rodier [2006] NSWSC 282 Sherborne Estate (No 2); Vanvalen and Another v Neaves and another; Gilroy v Neaves and Another [2005] NSWSC 1003; (2005) 65 NSWLR 268 Skalkos v T & S Recoveries Pty Ltd (2005) 65 NSWLR 151 Wheeler v Page (1982) 31 SASR 1 White v Baycorp Advantage Business Information Services [2006] NSWSC 910
Margaret Helen Roberts - Plaintiff PARTIES : Glen Rodier - First Defendant Helen Louise Rodier - Second Defendant
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