Sullivan v Greig (No 2)

In the matter of Sullivan v Greig, the respondent was wholly successful at trial. The dispute arose from a claim related to succession, probate, and letters of administration. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the ordinary cost rules should apply to the respondent's successful case, or if an exception might apply specifically within the context of probate matters. A secondary issue was whether the refusal of the respondent's Calderbank offer by the applicant was unreasonable, potentially impacting the basis on which costs should be awarded.

The court examined the ordinary cost rules and considered if there was any exception that might apply to the unique context of probate cases. It was determined that no such exception applied, and the ordinary rules governing costs in successful cases should be followed. The court also considered the applicant's refusal of two Calderbank offers made by the respondent. The court found that the refusal of the first Calderbank offer was unreasonable, which influenced the court's decision on the basis on which costs should be awarded.

The court ruled that the applicant should pay the respondent's costs on the standard basis from 10 December 2021 until 22 July 2022, and on the indemnity basis after 22 July 2022. This decision reflected the unreasonable refusal of the Calderbank offer and the need to deter similar conduct in future cases. The court's ruling also highlighted the importance of considering the nature of the dispute and the procedural steps taken by the parties in determining the appropriate basis for awarding costs.