Rogers v Rogers (No 2) [2020] NSWSC 574

Supreme Court New South Wales

Medium Neutral Citation: Rogers v Rogers (No 2) [2020] NSWSC 574 Hearing dates: On the papers Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Equity Before: Darke J Decision: Plaintiff ordered to pay first defendant's costs of the proceedings (not including the first defendant's costs of the cross-claim) on the ordinary basis. No order as to costs of the cross-claim. Catchwords: COSTS – indemnity costs – indemnity costs sought against unsuccessful plaintiff – plaintiff failed to accept "walk away" Calderbank offer – whether offer involved a genuine compromise – whether plaintiff's failure to accept Calderbank offer unreasonable – held that plaintiff did not act unreasonably where aspects of transaction not known to plaintiff, and defendants' evidence not yet served – where cross-claim dismissed because it did not arise – costs ordered against plaintiff on ordinary basis not including costs of cross-claim Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 Rogers v Rogers [2020] NSWSC 392 Category: Costs Parties: John William Rogers (Plaintiff/First Cross-Defendant) Samantha Leanne Rogers (First Defendant/Cross-Claimant) David Bruce Rogers (Second Defendant/Second Cross-Defendant) Darren Falla (Third Defendant) Gloria Rose Falla (Fourth Defendant) Barry James Webster (Fifth Defendant) Adam Shepard (Sixth Defendant) Suncorp Metway Ltd (Seventh Defendant) Representation: Counsel: Mr J M Ireland QC (Plaintiff/First Cross-Defendant) Mr A D Crossland (First Defendant/Cross-Claimant)