COSTS - Whether there should be exception to general rule that costs follow the event bearing in mind nature of the proceedings or otherwise
› Consideration given to the nature of the proceedings
COSTS - Offers made by the Plaintiff
› Whether each a Calderbank offer
› Each offer not accepted by the Defendants, and the Plaintiff obtains an order on the claims no less favourable to her than the terms of the offer - Relevance of offer made if it was not a Calderbank offer on question of costs
Plaintiff contends that the Defendants should pay her costs of the proceedings calculated on the indemnity basis
› Defendants orally submit that their costs should be paid out of the estate of the deceased
COSTS - How costs should be borne and whether the circumstances warrant the exercise of the Court’s discretion to make an indemnity costs order in favour of the Plaintiff.
Case Details
Citation[2021] NSWSC 1187
CourtNSWSC
JurisdictionNew South Wales
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