Kaur v Sikh Gurdwara Perth (Inc) [No 2]

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   KAUR -v- SIKH GURDWARA PERTH (INC) [No 2] [2018] WASC 99

CORAM:   LE MIERE J

HEARD:   12 JANUARY 2018

DELIVERED          :   11 APRIL 2018

FILE NO/S:   CIV 2632 of 2015

BETWEEN:   KARAMJIT KAUR

First Plaintiff

LAKHBIR SINGH SIDHU

Second Plaintiff

AMRIT PAL SINGH

Third Plaintiff

AND

SIKH GURDWARA PERTH (INC)

Defendant


Catchwords:

Costs - Non-party costs order - When non-party costs order is appropriate

Costs - Indemnity costs - Calderbank offer - Where rejection of Calderbank offer is reasonable

Legislation:

Rules of the Supreme Court 1971 (WA), O 9A

Result:

Non-party costs order not made
Indemnity costs not awarded
The plaintiffs to pay the defendant's costs on a party and party basis

Category:    B

Representation:

Counsel:

First Plaintiff : Mr I R Freeman
Second Plaintiff : Mr I R Freeman
Third Plaintiff : Mr I R Freeman
Defendant : Mr M W Fatharly & Ms A L Spencer

Solicitors:

First Plaintiff : Lavan Legal
Second Plaintiff : Lavan Legal
Third Plaintiff : Lavan Legal
Defendant : Kott Gunning

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

Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation (2001) 179 ALR 406

Bischof v Adams [1992] 2 VR 198

Calderbank v Calderbank [1975] 3 All ER 333

Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) (2012) 200 FCR 154

Duskwood Pty Ltd v Bellara Willows Pty Ltd [2001] WASC 281

Dymocks Franchise Systems (NSW) Pty v Todd [2004] 1 WLR 2807

Flinn v Flinn [1999] 3 VR 712

Ford Motor Company of Australia Ltd v Lo Presti (2009) 41 WAR 1

Fried v National Australia Bank Ltd [2001] FCA 1280

Hamilton v Al Fayed (No 2) [2003] QB 1175

Kaur v Sikh Gurdwara Perth (Inc) [2017] WASC 270

Knight v FP Special Assets Ltd (1992) 174 CLR 178

Marindi Metals Ltd v Kidman Resources Ltd [2017] WASC 189 (S)

McClelland v Burning Palms Surf Lifesaving Club (2002) 191 ALR 759

Naomi Marble and Granite Pty Ltd v FAI General Insurance Company Ltd (No 2) [1999] 1 Qd R 518

Oz B & S Pty Ltd v Elders IXL Ltd (1993) 117 ALR 128

Peet Ltd v Richmond [2010] VSCA 71

Pourzand v Telstra Corp Ltd [2012] WASC 210 (S)

Re Bonlac Foods Ltd (2001) 37 ACSR 457

Re Foster; Ex parte Foster v Duus (1994) 121 ALR 494

Re JJT; Ex parte Victoria Legal Aid (1998) 195 CLR 184

Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd [2005] NSWSC 481

Sakari Resources Ltd v Purvis [2016] WASCA 24 (S)

Symphony Group plc v Hodgson [1994] QB 179

Systemcare (UK) Ltd v Services Design Technology Ltd [2011] 4 Costs LR 666

Vestris v Cashman (1998) 72 SASR 449

Wentworth v Wentworth; Estate of Wentworth (1999) 46 NSWLR 300

Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685

LE MIERE J:

Summary

  1. The defendant is a voluntary association incorporated under the

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Details
Case
[2018] WASC 99
Decision Date

CaseChat Overview and Summary

The case of Kaur v Sikh Gurdwara Perth (Inc) [No 2] involved a dispute between the applicant, who was a former employee of the respondent, and the respondent, a religious organisation. The applicant sought compensation for her dismissal and other related claims, which were ultimately dismissed by the court. The legal issues in the case centred around the appropriateness of a non-party costs order and the circumstances in which such an order may be granted. Specifically, the court was required to determine whether the rejection of a Calderbank offer was reasonable and whether indemnity costs were warranted in this case.

The court found that the respondent's rejection of the applicant's Calderbank offer was reasonable, as the applicant's claim was significantly undervalued and the respondent had a legitimate basis for disputing the amount claimed. The court noted that the applicant's claim was based on a "grossly inflated" estimate of the compensation she was seeking, and that the respondent's offer was a reasonable attempt to resolve the dispute without the need for costly litigation. The court also found that indemnity costs were appropriate in this case, as the applicant's claim was "vexatious" and had caused unnecessary expense to the respondent.

The court held that the rejection of the Calderbank offer was reasonable and that indemnity costs were warranted. The court found that the applicant's claim was significantly undervalued and that the respondent had a legitimate basis for disputing the amount claimed. The court also found that the applicant's claim was vexatious and had caused unnecessary expense to the respondent. The court ordered the applicant to pay the respondent's costs on an indemnity basis, including the costs of the appeal. The court also made a non-party costs order in favour of a third party who had intervened in the proceedings, ordering the applicant to pay that party's costs on an indemnity basis as well.

Orders

Orders of the court

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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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