Crump & Ors v Equine Nutrition Systems Pty Ltd trading as Horsepower & Anor (No 2) [2007] NSWSC 25

New South Wales Supreme Court

CITATION : Crump & Ors v Equine Nutrition Systems Pty Ltd trading as Horsepower & Anor (No 2) [2007] NSWSC 25

HEARING DATE(S) : 01/12/2006

JUDGMENT DATE : 2 February 2007

JUDGMENT OF : Hoeben J at 1

DECISION : (1) The plaintiffs are to pay the costs of ENS on a party/party basis as agreed or assessed up to, but not including, 15 September 2005. The plaintiffs are to pay the costs of ENS on an indemnity basis from 15 September 2005; (2) GWF is to pay the costs of the plaintiffs on a party/party basis as agreed or assessed up to, but not including, 25 June 2003; (3) The plaintiffs are to pay the costs of GWF on a party/party basis as agreed or assessed from 25 June 2003 up to, but not including, 15 September 2005. The plaintiffs are to pay the costs of GWF on an indemnity basis from 15 September 2005; (4) The judgment in favour of the plaintiffs against GWF is stayed until the costs ordered in favour of GWF have been agreed or assessed at which time that judgment may be set off against those costs; (5) By way of explanation, the above costs orders in favour of the defendants are in addition to the costs orders already made in their favour and are to include the costs reserved by Greg James J on 10 March, 14 March, 15 March, 16 March, 23 March and 30 March 2005; (6) The plaintiffs are to pay the defendants' costs of the application before me on 1 December 2006 on a party/party basis as agreed or assessed.

CATCHWORDS : COSTS - effect of settlement offers - failure to accept offer of compromise - failure to accept Calderbank offer - reasonableness of those offers - relevance of circumstances prevailing at the time when offers made.

Evidence Act 1995 (NSW) LEGISLATION CITED : Supreme Court Rules 1970 Trade Practices Act 1974 Uniform Civil Procedure Act 2005