Oates v Oates (No 2)

Case [2025] NSWSC 929


Supreme Court


New South Wales

Medium Neutral Citation: Oates v Oates (No 2) [2025] NSWSC 929
Hearing dates: On the papers
Date of orders: 15 August 2025
Decision date: 15 August 2025
Jurisdiction:Equity
Before: Brereton J
Decision:

The parties are to confer about the form of final orders that will dispose of the proceedings and give effect to these reasons and are to notify my Associate as to the outcome of that conferral by 5pm on 22 August 2025.

Catchwords:

COSTS – party/party – where plaintiff successful in obtaining family provision orders – general rule that costs follow the event pursuant to UCPR r 42.1 – where defendant made an offer of compromise and a Calderbank offer in the alternative – where plaintiff submitted terms of the offers were unclear and ambiguous – where plaintiff submitted it was uncertain whether he had “beaten” defendant’s offers – where defendant’s offer of compromise fails to comply with UCPR r 20.26 – where it was unreasonable for plaintiff to reject defendant’s Calderbank offer – where defendant is to pay plaintiff’s costs up to date of the Calderbank offer on the ordinary basis – parties to bear their own costs after this period – defendant’s application for indemnity costs unsuccessful – plaintiff’s application for all his costs unsuccessful

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Succession Act 2006 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

AAI Ltd v Josipovic (No 2) [2013] NSWSC 1577

Alexiou v Alexiou [2024] NSWSC 1340

Berry v Nicholls [2016] NSWCA 272

Brian John Harris v Mark Harris (No 2) [2013] NSWSC 1157

Calderbank v Calderbank [1975] 3 All ER 333; 3 WLR 586

Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392

Coregas Pty Ltd v Penford Australia Pty Ltd (No 2) [2013] NSWCA 11

Estate of May Berry, deceased [2016] NSWSC 130

Haertsch v Whiteway (No 2) [2020] NSWCA 287

Knox v Peacock (No 2) [2024] NSWSC 1372

Le v Angius; Angius v Angius (No 2) [2024] NSWSC 1417

Leichhardt Municipal Council v Green [2004] NSWCA 341

Liosatos v Liosatos [2025] NSWSC 44

Oates v Oates [2025] NSWSC 548

Pethers v Pethers (No 2) [2025] NSWSC 561

Scott v Scott (No 2) [2022] NSWSC 914

Sherborne Estate (No 2): Vanvalen v Neaves; Gilroy v Neaves (2005) 65 NSWLR 268; [2005] NSWSC 1003

Singer v Berghouse [1993] HCA 35; 114 ALR 521

Wild v Meduri; Meduri v Neal; Meduri v Meduri No 2 [2023] NSWSC 669

Texts Cited:

Nil

Category:Costs
Parties: Aaron Tasman Oates (plaintiff)
Jan Maree Oates (defendant)
Representation:

Counsel:
AF Stevens (plaintiff)
R Bianchi (defendant)

Solicitors:
Aubrey Brown Lawyers (plaintiff)
Ryan & Ryan Lawyers (defendant)
File Number(s): 2023/285256
Publication restriction: Nil

JUDGMENT

  1. I delivered judgment in these proceedings on 29 May 2025: see Oates v Oates [2025] NSWSC 548. These reasons assume familiarity with my earlier reasons.

  2. I have not made final orders. I indicated at [137] of my earlier reasons that I would provide an outline of…

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AGLC
Oates v Oates (No 2) [2025] NSWSC 929
Case
[2025] NSWSC 929
Decision Date

CaseChat Overview and Summary

In the matter of Oates v Oates (No 2), the plaintiff sought family provision orders against the defendant, which he successfully obtained. The dispute was heard in the Family Court of Australia. The central legal issue revolved around the costs associated with the proceedings, particularly in light of the defendant’s offer of compromise and a Calderbank offer. The plaintiff argued that the terms of these offers were unclear and ambiguous, leading to uncertainty about whether he had "beaten" the defendant's offers. Moreover, the plaintiff claimed that the defendant's offer of compromise did not comply with the relevant rules, making it unreasonable for him to reject the Calderbank offer.

The court examined the general principle that costs follow the event, as stipulated in UCPR rule 42.1. It found that the defendant's offer of compromise was flawed as it did not adhere to UCPR rule 20.26. Consequently, the court determined that the plaintiff's rejection of the Calderbank offer was unreasonable. As a result, the defendant was ordered to pay the plaintiff's costs up until the date of the Calderbank offer on the ordinary basis. From that point onwards, both parties were required to bear their own costs. The defendant's application for indemnity costs was dismissed, and the plaintiff's application for all his costs was also unsuccessful.

The court's decision underscores the importance of clarity and compliance in offers of compromise and Calderbank offers. It highlights that while the plaintiff was successful in obtaining family provision orders, he was not entitled to all of his costs due to the unreasonable rejection of a valid Calderbank offer. The outcome reflects the balance between the need to encourage settlement and the protection of a plaintiff's right to seek just compensation for their litigation efforts.

Orders

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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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