Sandstrom v FSS Trustee Corporation & Anor (No. 2) [2020] NSWSC 581

Supreme Court New South Wales

Medium Neutral Citation: Sandstrom v FSS Trustee Corporation & Anor (No. 2) [2020] NSWSC 581 Hearing dates: 27 March 2020 Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Equity Before: Slattery J Decision: Limited stay of proceedings granted pending any possible appeal No order for indemnity costs made. Catchwords: CIVIL PROCEDURE – Stay of proceedings – Pending appeal – the plaintiff is successful in a TPD claim against an insurer defendant – defendant appeals – judgment in excess of $750,000 – plaintiff has no property in her name – whether a stay should be granted pending appeal.

COSTS – Party/Party – Exceptions to general rule that costs follow the event – Offers of compromise/Calderbank offers - plaintiff issues Calderbank letter offering to settle for $300,000 plus costs – plaintiff successful in a greater sum – whether it was unreasonable for the defendant not to have accepted the plaintiff's offer. Legislation Cited: Civil Procedure Act 2005, s 135 Uniform Civil Procedure Rules 2005, r 51.9 Cases Cited: Evans Shire Council v Richardson (No. 2) [2006] NSWCA 61 Sandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor [2007] NSWCA 103 Category: Consequential orders Parties: Plaintiff: Rebecca Sandstrom First Defendant: FSS Trustee Corporation ACN 118202672 Second Defendant: Metlife Insurance Limited Representation: Counsel: Plaintiff: D. E. Baran; M. B. Eirth Second Defendant: G.M. Watson SC; C. Purdy