Lewis v Lewis (No 2)

The case of Lewis v Lewis (No 2) involved a dispute between the plaintiffs, Richard and Robert, over the distribution of funds held in a solicitors’ trust account, which were proceeds from the sale of assets of a partnership. Richard initiated the proceedings seeking an equal distribution of the funds and a declaration that he was entitled to half of those funds. Robert filed a counterclaim for reasonable remuneration for his management of the partnership properties. The case proceeded through various stages, with both parties filing amended defences and counterclaims. Ultimately, the court ruled in favor of the plaintiffs on both the claim and the counterclaim. The central legal issue was whether the defendant, Robert, should be ordered to pay the plaintiff's costs of the whole of the proceedings on an indemnity basis under rule 360 of the Uniform Civil Procedure Rules 1999 (Qld). The court considered whether the plaintiff's letter to the defendant constituted an offer to settle under rule 353 or a Calderbank letter. The court found that the offer was indeed a Calderbank letter and that the defendant's rejection of the offer justified the plaintiff’s claim for indemnity costs. The court concluded that the defendant should be ordered to pay the plaintiff’s costs on an indemnity basis from 14 June 2019, and on the standard basis until that date.