Sayers v Sayers (No. 2) [2018] NSWSC 897

Supreme Court New South Wales

Medium Neutral Citation: Sayers v Sayers (No. 2) [2018] NSWSC 897 Hearing dates: 28 May 2018; 18 June 2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Equity Before: Slattery J Decision: The plaintiffs/cross-defendants are to pay the defendant/cross-claimant's costs of these proceedings on the ordinary basis up to 20 February 2018 and on the indemnity basis thereafter. Catchwords: COSTS – indemnity costs – Calderbank letter issued before trial – whether it was unreasonable of the offerees not to accept the Calderbank letter – whether the offeror under the Calderbank letter achieved a more favourable result than the Calderbank offer made – whether the conditional nature of the Calderbank offer made it less favourable than the outcome of the proceedings – whether without the benefit of hindsight, given disputed evidence adduced in the proceedings, it was not unreasonable for the offerees to have rejected the Calderbank offer at the time. Cases Cited: A v N [2012] NSWSC 549 Calderbank v Calderbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No. 2) (2005) 13 VR 435 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Sayers v Sayers [2018] NSWSC 519 Category: Costs Parties: First Plaintiff/Cross Defendant: Keith James Sayers Second Plaintiff/Cross Defendant: Inesita Sayers Third Plaintiff/Cross Defendant: George Sayers Fourth Plaintiff/Cross Defendant: Neil Sayers First Defendant/Cross Claimant: Toni Sayers Representation: Counsel: First to Fourth Plaintiffs/Cross Defendants: C.P. Locke First Defendants/Cross Claimant: D. Robertson