NSW Caselaw
New South Wales Supreme Court
CITATION : Charles Phillip Bird by his tutor Vredê Jane Bird v Campbelltown Anglican Schools Council [2007] NSWSC 1465
HEARING DATE(S) : 5/12/07, 6/12/07 JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 12 December 2007
DECISION : Indemnity costs order not made
CATCHWORDS : Costs - Mediations
CASES CITED : Calderbank v Calderbank [1975] 3 All ER 333
Charles Phillip Bird by his tutor Jane Bird (First Plaintiff) PARTIES : Vredê Jane Bird (Second Plaintiff) Phillip Gordon Bird (Third Plaintiff) Campbelltown Anglican Schools Council (Defendant)
FILE NUMBER(S) : SC 5105/07
COUNSEL : Mr I Davidson (Plaintiffs) Mr M White (Defendant)
SOLICITORS : Emil Ford & Co (Plaintiffs) Minter Ellison (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Einstein J
Wednesday 12 December 2007 ex tempore Revised 14 December 2007
5105/07 Charles Phillip Bird by his tutor Vredê Jane Bird v Campbelltown Anglican Schools Council JUDGMENT 1 In proceedings number 5105 of 2007 a reserved judgment was delivered on 7 December 2007. The proceedings are before the Court for the purpose of the Court taking in the cross-contentions as to costs. 2 Subject to unusual circumstances, the principled exercise of the discretion as to costs is generally that the loser pays the winner's costs. That general principle, of course, needs to be applied to the particular circumstances of the particular litigation. The Court has a clear discretion to be exercised in a principled fashion in relation to whether or not to make some other order. 3 The College seeks an order that the plaintiffs pay its costs on a party/party basis, save in respect of the actual hearing dates of 5 and 6 December 2007. In respect of the actual hearing dates of 5 and 6 December 2007, the College seeks an order that the plaintiffs pay its costs on an indemnity basis. 4 The basis upon which the College moves for the indemnity costs order is the sending by the College's solicitors, at approximately 6.35pm on 4 December 2007, of a Calderbank letter making a particular offer. That letter stated that the College was prepared to settle the matter on the basis of:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate