Agricultural and Rural Finance Pty Limited v John Edward Atkinson & Ors [2010] NSWSC 1396

New South Wales Supreme Court

CITATION : Agricultural and Rural Finance Pty Limited v John Edward Atkinson & Ors [2010] NSWSC 1396

HEARING DATE(S) : 22/9/10, 23/9/10, 29/11/10

JUDGMENT DATE : 2 December 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : The parties are to bring in short minutes of order to deal with the entirety of these reasons.

CATCHWORDS : Costs - Whether proved that defendants received plaintiff's offers of compromise - Whether offers of compromise valid under applicable Court rules - Whether offers of compromise, if not effective under the rules, could operate as Calderbank offers - Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 and Dean v Stockland Property Management Pty Ltd (No 2) [2010] NSWCA 141 applied - Whether subsequent Calderbank offers inadmissible under Civil Procedure Act 2005 30(4)(b) - Whether plaintiff entitled to indemnity costs on basis of Calderbank offer that was admissible - Two or more unsuccessful defendants - Whether appropriate order that defendants liable for plaintiff's costs on a joint and several basis or that each defendant be liable for a proportionate amount of costs - Contract - Interpretation of agreements to determine proper calculation of interest payable - Procedure - Whether leave should be granted to file a Notice of Ceasing to Act under Uniform Civil Procedure Rules 2005 r 7.29

Bankruptcy Act 1966 (Cth) Contracts Review Act 1980 (NSW) LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)