Clavel v Savage (No 4) [2014] NSWSC 463

Supreme Court New South Wales

Medium Neutral Citation: Clavel v Savage (No 4) [2014] NSWSC 463 Hearing dates: 25, 28 - 29 October 2010; 1 - 5, 8 - 12, 15 - 19, 22 - 26, 29 - 30 November 2010; 3, 6 - 10, 13 - 17 December 2010; 21 - 23 February 2011; 11 March 2011; 9 May 2011; 22, 24 June 2011; 1 June 2013, 18 June 2013, 28 August 2013, 13 December 2013. Date of orders: 23 April 2014 Decision date: 23 April 2014 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the first and second defendants. (2) The plaintiff shall pay the first and second defendants' costs of and incidental to the proceedings. (3) The plaintiff shall pay 80% of the third defendant's costs of and incidental to the proceedings on a party/party basis up to and including 22 December 2010 and thereafter on an indemnity basis. (4) Proceedings otherwise dismissed. Catchwords: TORT - intentional infliction of emotion distress - liability and quantum against first and second defendant - application of principles to facts found in earlier judgment COSTS - Offer of Compromise - insufficient actual compromise - later Calderbank letter - indemnity costs on basis of Calderbank letter Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Clavel v Savage [2013] NSWSC 775 Nationwide News Pty Ltd v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 471 Wilkinson v Downton [1897] 2 QB 57 Category: Consequential orders (other than Costs) Parties: Jean Luc Clavel (First Plaintiff) Sarah Clavel (Second Plaintiff) John Savage (First Defendant) Kim Savage (Second Defendant) The State of New South Wales (Third Defendant) Representation: Counsel: D Baran/M Eirth (Plaintiffs) Self represented (First Defendant) Self represented (Second Defendant) P W Neil SC/G Giagios (Third Defendant)