Manning v Matsen (No. 2) [2016] NSWSC 70

Supreme Court New South Wales

Medium Neutral Citation: Manning v Matsen (No. 2) [2016] NSWSC 70 Hearing dates: 10 February 2016 Date of orders: 10 February 2016 Decision date: 10 February 2016 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff to pay the defendant's costs on the ordinary basis up to and including 9 June 2014. The plaintiff will pay the defendant's costs on the indemnity basis after 9 June 2014. Catchwords: COSTS – Indemnity costs – defendant successful at hearing – two Calderbank letters served before hearing – whether plaintiff should pay defendant's indemnity costs – whether the defendant was unreasonable in refusing the offer – public interest in deciding obscure or difficult points of law – whether genuine compromise is offered – incomplete filing of defendant's evidence at time of offer. Legislation Cited: Succession Act, Part 3.2 Cases Cited: Jones v Bradley (No. 2) [2003] NSWCA 258 Leichhardt Municipal Council v Green [2004] NSWCA 341 Manning v Matsen [2015] NSWSC 1801 Singleton v Macquarie Broadcasting Holdings Pty Limited (1991) 24 NSWLR 103 Category: Costs Parties: Plaintiff: Sharon Lee Manning Defendant: Wayne Robert Matsen Representation: Counsel: Plaintiff: A. Gruzman Defendant: V. Hartstein

Solicitors: Plaintiff: Annamaria Bernadette Marano, McBride Harle & Martin Defendant: Stephen Churches, Armstrongs Solicitors Pty Limited File Number(s): 2013/363737 Publication restriction: No