Groves v Matt O’Connor & Associates Pty Ltd (No. 2) [2015] NSWSC 817

Supreme Court New South Wales

Medium Neutral Citation: Groves v Matt O'Connor & Associates Pty Ltd (No. 2) [2015] NSWSC 817 Hearing dates: 22 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction: Equity Division Before: Slattery J Decision: The plaintiff is to pay the defendants' costs of the proceedings on the ordinary basis. The defendants are to pay the plaintiff's costs of their application for indemnity costs. Catchwords: COSTS – indemnity costs – whether the plaintiff commenced or continued its action when it should have known it had no prospects of success – Calderbank letters – whether the plaintiff unreasonably rejected the defendants' Calderbank offers – whether the defendants achieved a better outcome than under the Calderbank offer – where no evidence was adduced as to the defendants' costs Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Limited (No. 2) [2009] NSWCA 12 Calderbank v Calderbank [1975] 3 All ER 333 Chief Commissioner of State Revenue v Platinum Investments Management Ltd (No. 2) [2011] NSWCA 197 Chint Australasia Pty Ltd v Cosmoluce Pty Ltd [2008] NSWSC 768 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchant Pty Ltd (1988) 81 ALR 397 Huntsman Chemical Co Australia Pty Ltd v International Pools Australia Pty Ltd (1995) 36 NSWLR 242 Ofria v Cameron (No. 2) [2008] NSWCA 242 Meldov Pty Ltd v Bank of Queensland (No. 2) [2015] NSWSC 740 Groves v Matt O'Connor & Associates Pty Ltd [2015] NSWSC 664 Category: Costs Parties: Plaintiff: William John Groves First defendant: Matt O'Connor & Associates Pty Ltd ATF Matt O'Connor Family Trust Second defendant: Matthew O'Connor Representation: Counsel: Plaintiff: A. D'Arville Defendants: S. Reuben