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[2024] NSWSC 531

JDGD v Allianz Australia Insurance Limited (No 2)

In lieu of Order 2 made on 19 April 2024, the plaintiff is to pay the defendant’s costs of the proceedings on an ordinary basis up until 9 April 2024 and on an indemnity basis thereafter.

Catchwords

COSTS – application for alternative costs order – Calderbank offer - offer of compromise – indemnity costs – plaintiff consents to order

Cases cited

  • Calderbank v Calderbank [1975] 3 All ER 333
  • JDGD v Allianz Insurance Ltd[2024] NSWSC 405

Judgment

  1. [1]

    I gave my principal decision in this matter on 19 April 2024 (JDGD v Allianz Insurance Ltd [2024] NSWSC 405).

  2. [2]

    The defendant succeeded. I ordered the plaintiff to pay the defendant’s costs of the proceedings but reserved the right to the parties to seek an alternative costs order. The defendant has exercised that right and has sought the following order:

  3. [3]

    The suggested order arises from a letter sent to the plaintiff’s solicitors on 25 March 2024 in which an offer of compromise was made (expressed as an offer made in accordance with Calderbank v Calderbank [1975] 3 All ER 333). The offer was open for acceptance up to 9 April 2024.

  4. [4]

    By email sent to my Associate on 3 May 2024 the plaintiff’s solicitor stated that the “plaintiff does not oppose the variation of the costs orders sought by the defendant and agrees” to the order as requested by the defendant.

  5. [5]

    Accordingly, and by consent, I make the following order:

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.