A civil proceeding wherein the parties sought to recover costs against each other on both a standard and indemnity basis. The plaintiff sought to recover costs from the defendants covering up until 6 October 2020 and thereafter the plaintiff to pay the defendant’s costs on a standard basis. The defendants sought to have the defendant pay costs up until 16 February 2016 on a standard basis and on an indemnity basis thereafter.
RS Jones DCJ discussed the respective submissions from both parties, for the defendant’s application the focus was on two limbs the first being the rejection of a Calderbank offer, and the second being the plaintiff failed to act as a model litigant. Where the plaintiff’s application for costs argued that the defendants failed to provide a fully articulated defence in their submissions prior to 6 October 2020 which was held as not sufficient to warrant the payment of costs up to that date.
The defendant’s submission related to the plaintiff failing to act in a manner consistent with a model litigant was rejected as RS Jones DCJ held that the plaintiff fully engaged with the defence as and when amended. The second limb of the submission related to the Calderbank offer left RS Jones DCJ unconvinced that the plaintiff should pay costs on an indemnity basis as they were successful in rebutting all but two alleged failures to cooperate.
RS Jones DCJ ordered the plaintiff pay costs of the first and second defendants on a standard basis from 29 May 2019 and dismissed the plaintiff’s application for costs.
Shane Monks appeared for the defendants/applicants, instructed by Peter Ryan Lawyers.
The judgment is published here.
