Matthew Francis Rynne v Peter Bunn (No 2)

Matthew Francis Rynne, the plaintiff, appealed against the orders made by the Supreme Court of New South Wales in relation to costs, specifically concerning indemnity costs. The case, which was heard in the Supreme Court, arose from a dispute between the plaintiff and the defendant, Peter Bunn, which had previously been subject to another proceeding. The plaintiff sought indemnity costs based on a Calderbank offer made during the litigation process.

The primary legal issue before the court was whether the plaintiff was entitled to indemnity costs from the defendant. This hinged on the assessment of the merits of the Calderbank offer and the circumstances under which it was made. The court had to determine if the offer was genuine and if the plaintiff's position was ultimately successful enough to warrant indemnity costs.

The court considered the nature and timing of the Calderbank offer, the outcome of the litigation, and the principles governing indemnity costs. It was found that the offer was made in good faith and that the plaintiff's position had significant merits, ultimately leading to a favourable outcome. The court concluded that the plaintiff was entitled to indemnity costs due to the strength of their position and the defendant's failure to accept the offer. The appeal was thus allowed, and the orders were made in favour of the plaintiff.