Egan v Egan (No. 2) [2018] NSWSC 282

Supreme Court New South Wales

Medium Neutral Citation: Egan v Egan (No. 2) [2018] NSWSC 282 Hearing dates: 7 March 2018 Decision date: 08 March 2018 Jurisdiction: Common Law Before: Davies J Decision: No order as to costs on either the statement of claim or the cross-claim to the intent that each party should bear her own costs of the proceedings. Catchwords: PROCEDURE – costs – claim for possession of land – cross-claim that loan deed and mortgage were a sham, alternatively that they constituted an unjust contract – plaintiff establishes default under mortgage – defendant fails on claim that contract was a sham – contract held to be unjust – contract varied

PROCEDURE - costs – Calderbank offers by both parties – difficulty ascertaining if offerees obtained no better result from judgment – defendant's offer made before any evidence served – offer said to be open for 21 days – offer withdrawn without warning after 5 days – whether unreasonable of plaintiff not to accept offer – no order for costs Legislation Cited: Contracts Review Act 1980 (NSW) s 7 Cases Cited: Egan v Egan [2018] NSWSC 202 GIO General Limited v Allen [2002] NSWCA 333 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No. 2) [2008] NSWCA 85 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Costs Parties: Carolyn Egan (Plaintiff) Karen Egan (Defendant) Representation: Counsel: D Parish (Plaintiff) M Tibbey (Defendant)

Solicitors: Aubrey Brown (Plaintiff) Brazel Moore Lawyers (Defendant) File Number(s): 2016/377357 Publication restriction: Nil