Legal Research
Cases
Gagliardi v KP Hicks (No 2)

Gagliardi v KP Hicks (No 2)

Case [2018] VCC 1280

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: Gagliardi v KP Hicks (No 2) [2018] VCC 1280
Case: [2018] VCC 1280
Decision Date: 17 August 2018

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Gagliardi v KP Hicks (No 2) [2018] VCC 1280

Most Recent Citation

Gagliardi v KP Hicks (No 3) [2018] VCC 1400

Cases Citing This Decision

Walker v Munnecke (No 2) [2025] VCC 500
Citation 1

…ock (Costs) [2024] VCC 740; Oliver Hume (Vic) Pty Ltd v Santa Monica (Aust) Pty Ltd (No 2) [2017] VCC 1239; Gagliardi v KP Hicks (No 2) [2018] VCC 1280; Hewitt v Count Financial Ltd (No 2) [2017] VCC 405; Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322…
W284 Pty Ltd v MRES Pty Ltd (No 2) [2023] VCC 1124
Citation 2

…ments Ltd (No 2) [2011] VSCA 398; Falco v Emirates (Ruling No 3 – Costs Ruling) [2019] VSC 732; Gagliardi v KP Hicks (No 2) [2018] VCC 1280; Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435; Hobartville Stud Pty Ltd v Union Insurance Co Ltd (1991) 25 NSWLR 358; LMI Australas…
Gagliardi v KP Hicks (No 3) [2018] VCC 1400
Citation 3 (Para 3)

…On 17 August 2018, I delivered reasons in relation to the costs of the proceeding: Gagliardi v KP Hicks No 2 [2018] VCC 1280 (the costs ruling). I said that I would make orders that: … the agency pay Rocky’s costs of the claim and counterclaim (to be assessed by the Costs Court in default of agreement): ·on the st…

Cases Cited

Statutory Material Cited

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364
Citation 1 (Para 2)

…e court exercising its discretion in that way: Preston v Preston [1981] 3 WLR 619 at 637, as cited in Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 at 400 - 401 per Woodward J. PCRZ Investments Pty Ltd v National Golf Holdings Ltd [2002] VSCA 24 at [34] (Chernov JA); Avis & Anor v Australian Mutual Pr…
Marriner v Australian Super Developments Pty Ltd [2016] VSCA 141
Citation 2 (Para 7)

…rs can be a basis on which the Court exercises its discretion to award indemnity costs. In Marriner & Ors v Australian Super Developments Pty Ltd [2016] VSCA 141 Tate ACJ, Kyrou and Ferguson JJ state at [231]: … although an ‘all in’ offer may have previously been defective under the 2005 Rules, such offers were (a…
Groves v Matt O'Connor and Associates Pty Ltd (No. 2) [2015] NSWSC 817
Citation 3 (Para 13)

…cases, no issue of timing was taken with Calderbank offers open for seven days: for example, see Groves v Matt O’Connor & Associates Pty Ltd (No 2) [2015] NSWSC 817 and Roland Ofria v Robert William Cameron (No 2) [2008] NSWCA 242.…
Jones v Trad (No 3) [2013] NSWCA 463
Citation 4 (Para 12)

…In contrast, in Jones v Trad (No 3) [2013] NSWCA 463 [47]-[48], seven days was considered too short. Notably, the hearing of the relevant appeal was five months away at the time the offer was made – there was no need for the offer period to be so short.…
Mainteck Services Pty Limited v Stein Heurtey SA and Stein Heurtey Australia Pty Ltd [2013] NSWSC 1165
Citation 5 (Para 11)

…In Mainteck Services Pty Ltd v Stein Heurtey SA [2013] NSWSC 1165 at [17], seven days was considered reasonable. Sackar J stated at [17]: …I am mindful that the offer was open for only seven days. It is clear from their letter of 2 July 2010 that in calculating the quantum of the offer, the defendants were conscious…
Nominal Defendant v Dighton (No 2) [2012] SASCFC 97
Citation 6 (Para 14)

…I note that in the particular circumstances of Nominal Defendant v Dighton (No 2) [2012] SASCFC 97 at [11], a Calderbank offer was made by a respondent the day before the appeal, which resulted in the Court giving the respondent costs of the hearing on an indemnity basis.…
Civil Properties Pty Ltd v Miluc Pty Ltd [2011] WASCA 195
Citation 7 (Para 2)

…e a limitation period was obviously at an end. As noted in Civil Properties Pty Ltd v Miluc Pty Ltd (2011) 184 LGERA 150; [2011] WASCA 195 at [84] - [86] ‘it is a considerable step to find a case was so devoid of merit that it should lead to an order for indemnity costs’ and ‘it is a step that a court should be slo…
Piscopo v Not Lawyers [2008] FCA 1907
Citation 8 (Para 2)

…ston v Preston [1981] 3 WLR 619 at 637, as cited in Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 at 400 - 401 per Woodward J. PCRZ Investments Pty Ltd v National Golf Holdings Ltd [2002] VSCA 24 at [34] (Chernov JA); Avis & Anor v Australian Mutual Provident [19…
Ofria v Cameron (No 2) [2008] NSWCA 242
Citation 9 (Para 13)

…r seven days: for example, see Groves v Matt O’Connor & Associates Pty Ltd (No 2) [2015] NSWSC 817 and Roland Ofria v Robert William Cameron (No 2) [2008] NSWCA 242.…
Chint Australasia Pty Ltd v Cosmoluce Pty Ltd [2008] NSWSC 768
Citation 10 (Para 2)

…bank offer, it would be reasonable to wait until it had seen it before agreeing to compromise the case: Chint Australasia Pty Ltd v Cosmoluce Pty Ltd [2008] NSWSC 768.)…
Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322
Citation 11 (Para 3)

…The New South Wales Court of Appeal considered the Smallacombe principle in Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322. There the respondent offered to accept a sum from the appellants inclusive of costs. The appellants appealed the trial judge’s decision to award indemnity costs, arguing a…
White v Baycorp Advantage Business Information Services Ltd [2006] NSWSC 910
Citation 12 (Para 2)

…It referred to White v Baycorp Advantage Business Information Services [2006] NSWSC 910, where Campbell J stated at [12]: … there is a line of authority whereby, when a plaintiff makes a claim for an order involving payment of money, it is not appropriate for that plaintiff to serve a Calderbank letter offering to…
Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2006] NSWSC 583
Citation 13 (Para 2)

…Ltd (No 2) [2000] FCA 602 at [22]-[24] Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Limited (formerly GIO Insurance Limited) & Ors [2006] NSWSC 583 at [40]-[41]. I agree with Einstein J, in the last-mentioned case, that the reason why in those circumstances the Calderbank offer is inappropriate is…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298
Citation 14 (Para 1)

…tts v Head [1984] 1 All ER 971, and as considered by the Court of Appeal in Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (no.2) (2005) 13 VR 435, which will be relevant in assessing whether a rejection of the offer by you is unreasonable: 1.the offer is being made at a time when your client has…
DSE (Holdings) Pty Ltd v InterTAN Inc [2004] FCA 1251
Citation 15 (Para 5)

…td v Aqua-Max Pty Ltd & Anor (No. 3) [2000] VSC 163. At [103], her Honour referred to the fact that Allsop J in DSE (Holdings) Pty Ltd v InterTAN Inc [2004] FCA 1251 did not regard Smallacombe as having articulated a ‘definitive rule that in an application for costs, an offer that was an all inclusive sum could no…
PCRZ Investments Pty Ltd v National Golf Holdings Ltd [2002] VSCA 24
Citation 16 (Para 2)

…tional Produce Merchants Pty Ltd (1988) 81 ALR 397 at 400 - 401 per Woodward J. PCRZ Investments Pty Ltd v National Golf Holdings Ltd [2002] VSCA 24 at [34] (Chernov JA); Avis & Anor v Australian Mutual Provident [1997] NSW IRComm 182, per Bauer, Peterson J and Marks JJ. While indemnity costs may be awarded in ca…
Hillebrand v Penrith Council [2000] NSWSC 1058
Citation 17 (Para 2)

…ess’ or so weak as to be futile in order to justify an award of costs on an indemnity basis: Hillebrand v Penrith Council [2000] NSWSC 1058, in which case a limitation period was obviously at an end. As noted in Civil Properties Pty Ltd v Miluc Pty Ltd (2011) 184 LGERA 150; [2011] WASCA 195 at [84] - [86] ‘it is a c…
Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602
Citation 18 (Para 2)

…sts: Smallacombe & Others v Lockyer Investment Co Pty Ltd (1993) 114 ALR 568 at 573; Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 at [22]-[24] Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Limited (formerly GIO Insurance Limited) & Ors [2006] NSWSC 583 at [40]-[41].…
McCarthy v McIntyre [1999] FCA 155
Citation 19 (Para 1)

…nclusive of costs by way of a Calderbank offer. It relied on a line of authority commencing with Smallacombe & Others v Lockyer Investment Co Pty Ltd (1993) 114 ALR 568.…
Smallacombe v Lockyer Investment Co Pty Ltd [1993] FCA 257
Citation 20 (Para 1)

…for a plaintiff to offer to accept payment of a sum inclusive of costs by way of a Calderbank offer. It relied on a line of authority commencing with Smallacombe & Others v Lockyer Investment Co Pty Ltd (1993) 114 ALR 568.…
Winky Pop Pty Ltd v Mobil Refining Australia Pty Ltd [2015] VSC 580
Citation 21 (Para 8)

…ess are commonly undertaken in a necessarily incomplete setting, as outlined by Justice Digby in Winky Pop Pty Ltd v Mobil Refining Australia Pty Ltd [2015] VSC 580 at [66]-[68].…
Texxcon Pty Ltd v Austexx Corporation Pty Ltd (No 2) [2013] VSC 343
Citation 22 (Para 10)

…as the parties have a better opportunity to make an informed assessment of their prospects of success: Texxcon Pty Ltd v Austexx Corp Pty Ltd (No 2) [2013] VSC 343 at [17].…
MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163
Citation 23 (Para 8)

…In M.T. Associates Pty Ltd v Aqua-Max Pty Ltd & Anor (No. 3) [2000] VSC 163 at [121]-[122] Gillard J considered a Calderbank offer open for six days to be reasonable.…
Gagliardi v KP Hicks [2018] VCC 745
Citation 24 (Para 1)

…On 29 May 2018, I delivered reasons for judgment in this proceeding: Gagliardi v KP Hicks [2018] VCC 745 (the principal judgment).…
Hewitt v Count Financial Limited (No.2) [2017] VCC 405
Citation 25 (Para 17)

…ask Rocky for extra time to consider and respond to the offer or say that it required more details about the offer: see Hewitt v Count Financial Ltd [2017] VCC 405 at [22].…

AI Chat coming soon