Grundy v Cassar [No 2]

Case [2012] WASC 103


GRUNDY -v- CASSAR [No 2] [2012] WASC 103



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASC 103
Case No:CIV:1531/20071 APRIL 2011
Coram:SIMMONDS J5/04/12
19Judgment Part:1 of 1
Result: Indemnity costs order not made; special costs order made
B
PDF Version
Parties:MARGARET HELEN GRUNDY
CHARMAGNE MARCELLE CASSAR
REGISTRAR OF TITLES

Catchwords:

Costs of action
Claim for indemnity costs resting on conduct of action
Claim for indemnity resting on refusal of Calderbank offer
Proper approach to be adopted in each case
Costs of action
Special costs order
Proper approach to be adopted

Legislation:

Legal Practice Act 2003 (WA), s 215
Legal Profession Act 2008 (WA), s 616
Rules of the Supreme Court 1971 (WA), O 24A, O 66 r 1

Case References:

Calderbank v Calderbank [1975] 3 All ER 333
Cazaly Iron Pty Ltd v Minister for Resources [No 5] [2008] WASCA 181
EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2008] WASC 275 (S)
Flotilla Nominees Pty Ltd v Western Australian Land Authority [2003] WASC 122 (S); (2003) 28 WAR 95
Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115; (2009) 41 WAR 1
Green v Wilden Pty Ltd [2005] WASC 83 (S)
Grundy v Cassar [2010] WASC 409
Heartlink Ltd v Jones as liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S)
SDS Corporation Ltd v Pasdonnay Pty Ltd [2004] WASC 26 (S2)
Swansdale Pty Ltd v Whitcrest Pty Ltd [2010] WASCA 129 (S)
Verdell Pty Ltd v F & G Nominees Pty Ltd [2002] WASC 58 (S2)


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : GRUNDY -v- CASSAR [No 2] [2012] WASC 103 CORAM : SIMMONDS J HEARD : 1 APRIL 2011 DELIVERED : 5 APRIL 2012 FILE NO/S : CIV 1531 of 2007 BETWEEN : MARGARET HELEN GRUNDY
    Plaintiff

    AND

    CHARMAGNE MARCELLE CASSAR
    First Defendant

    REGISTRAR OF TITLES
    Second Defendant

Catchwords:

Costs of action - Claim for indemnity costs resting on conduct of action - Claim for indemnity resting on refusal of Calderbank offer - Proper approach to be adopted in each case



Costs of action - Special costs order - Proper approach to be adopted

Legislation:

Legal Practice Act 2003 (WA), s 215


Legal Profession Act 2008 (WA), s 616
Rules of the Supreme Court 1971 (WA), O 24A, O 66 r 1

(Page 2)



Result:

Indemnity costs order not made; special costs order made

Category: B


Representation:

Counsel:


    Plaintiff : Dr P R MacMillan
    First Defendant : Mr C P Dunnell
    Second Defendant : No appearance

Solicitors:

    Plaintiff : S C Nigam & Co
    First Defendant : Talbot Olivier
    Second Defendant : No appearance



Case(s) referred to in judgment(s):

Calderbank v Calderbank [1975] 3 All ER 333
Cazaly Iron Pty Ltd v Minister for Resources [No 5] [2008] WASCA 181
EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2008] WASC 275 (S)
Flotilla Nominees…

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Grundy v Cassar [No 2] [2012] WASC 103
Case
[2012] WASC 103
Decision Date

CaseChat Overview and Summary

In the case of Grundy v Cassar [No 2], the parties involved were Grundy and Cassar. The dispute before the court was centred on the costs associated with the legal action, particularly the claim for indemnity costs and the refusal of a Calderbank offer. The court was tasked with determining the appropriate approach to be taken in such matters and to make a decision on whether a special costs order should be granted.

The central legal issues the court had to address were the principles governing indemnity costs and the refusal of a Calderbank offer. The court had to consider the conduct of the parties during the litigation, the merits of the case, and the impact of the Calderbank offer on the costs. The court's reasoning involved a detailed examination of the conduct of both parties throughout the litigation, the nature of the Calderbank offer, and the overall fairness in the context of the case. The court concluded that while the refusal of a Calderbank offer could be a factor in determining costs, it was not the sole determinant. The court found that a special costs order was appropriate given the circumstances of the case.

The court's outcome was that an indemnity costs order was not made, but a special costs order was granted. This decision reflects the court's nuanced approach to the allocation of costs in litigation, considering various factors and the broader context of the case. The final orders included the rejection of the claim for indemnity costs and the granting of a special costs order in favour of the plaintiff.

Orders

Orders of the court

Indemnity costs order not made; special costs order made

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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