Ari v Decevic (No. 2) [2014] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: Ari v Decevic (No. 2) [2014] NSWSC 85 Hearing dates: 12 February 2014 Decision date: 18 February 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Cross-Claimant unsuccessful in Amended Cross-Claim. Cross-Defendant awarded costs on the ordinary basis until 5 September 2012 and on the indemnity basis from 6 September 2012. Catchwords: COSTS - indemnity costs - Calderbank letter - whether it was reasonable for an offeree to reject a Calderbank offer - whether the rejection of a Calderbank offer before evidence had been served was reasonable - whether a "walk away" offer constituted a genuine offer - whether the offeree had been afforded an appropriate opportunity to consider and deal with the offer Legislation Cited: Civil Procedure Act (2005), s 56. Uniform Civil Procedure Rules (2005), r 20.26 Cases Cited: Ari v Decevic [2013] NSWSC 1967 Commonwealth of Australia v Gretton [2008] NSWCA 117 Donnelly v Edelsten (1994) 49 FCR 384 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 72 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: Plaintiff - Leon Ari Defendant - Tania Decevic Cross Claimant - Tania Decevic Cross Defendant - Westpac Banking Corporation Representation: Counsel: Plaintiff - P. O'Loughlin Defendant - P. Bolster Cross Defendant - J. White; L.E. Edwards Solicitors: Plaintiff - Michael John Sommerville, Redmond Hale Simpson Defendant/Cross-Claimant - Mark Marando, Marando Solicitors Cross-Defendant - Justin Bates, Gadens Lawyers File Number(s): 2010/333236 Publication restriction: No