Beech v Squire (No 2) [2018] NSWSC 605

Supreme Court New South Wales

Medium Neutral Citation: Beech v Squire (No 2) [2018] NSWSC 605 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Application for indemnity costs dismissed Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Offer of compromise contained no element of compromise — No issue of principle — UCPR Pt 20 r 20.26, Pt 42 r 42.15A Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beech v Squire [2018] NSWSC 594 Calderbank v Calderbank [1975] 3 All ER 333 Leach v Nominal (QBE Insurance (Australia) Ltd) (No 2) (2014) NSWCA 391 Category: Costs Parties: Claire Louise Isobel Beech (First Plaintiff) Paul Francis Aubrey Squire (Second Plaintiff)

Corrine Ann Squire (Defendant) Representation: Counsel: A G Martin (Plaintiffs) P R Glissan (Defendant)

Solicitors: Branson Neville Lawyers (Plaintiffs) Roderick Storie Solicitors (Defendant) File Number(s): 2016/1222471 Publication restriction: No

Judgment

Summary 1. On 4 May 2018 I delivered the principal judgment in these proceedings: Beech v Squire [2018] NSWSC 594 (the "Principal Judgment"). These reasons should be read in conjunction with the Principal Judgment and defined terms in that judgment have the same meaning in these reasons. 2. At the conclusion of the Principal Judgment, I indicated that the Summons would be dismissed and that I would hear the parties as to costs. With the exception of one matter, each of the orders to give effect to the Principal Judgment was either a matter of agreement or non-opposition. The one exception was Corinne's application for an order that some of her costs be paid on the indemnity basis as a result of an offer of compromise. 3. The Court rejects Corinne's application because the offer of compromise upon which her application was based, being for the plaintiffs to agree to their claim being dismissed and to paying Corinne's costs on the ordinary basis, did not contain an element of compromise so as to warrant an indemnity costs order being made.