Photios v Photios (No 2)

[2019] NSWCA 209

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Calderbank offers
3. › Failure to accept offer of compromise
4. › Whether unreasonable not to accept offer
5. › Whether departure from ordinary costs rule warranted
6. › Civil Procedure Act 2005 (NSW), ss 56, 59
1. Costs
2. › Indemnity costs
3. › Application for indemnity costs from date of offer
4. › Whether offeror achieved better outcome than offer
5. › Relevant principles

Quick Take

A shortcoming in a Calderbank offer (such as silence on an existing costs order) does not render the offeree's failure to accept reasonable where the shortcoming could have been readily resolved with a straightforward inquiry, and the offeree delayed in responding and failed to engage with the offer.

Case Details

Citation[2019] NSWCA 209

CourtNSWCA

JurisdictionNew South Wales

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Relies on12

2019Photios v PhotiosNSWCA 158
2018Lana Clarice Photios as Executor of the Estate of Henry Basil Photios & Anor v David Peter PhotiosNSWSC 1414
2015Poletti v JonesNSWCA 107
2013Ziliotto v HakimNSWCA 359
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