Milling v Hardie (No 2)

[2014] NSWCA 285

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Calderbank offer
4. › Whether rejection of conditional offer was unreasonable
5. › Whether indemnity costs should be awarded
1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Successful party entitled to costs on ordinary basis

Quick Take

A Calderbank offer that is conditional on third-party consent (such as mortgagee consent to a subdivision) will not support an award of indemnity costs where the offeror provides no evidence of the likelihood of that consent being obtained, as it is not unreasonable for the offeree to reject such an offer.

Case Details

Citation[2014] NSWCA 285

CourtNSWCA

JurisdictionNew South Wales

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Relies on3

2014Stewart v Atco Controls Pty Ltd (in Liquidation) [No 2]HCA 31
2014Milling v HardieNSWCA 163
2013Hardie v MillingNSWSC 310

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