The importance of timing with Calderbank offers

Bogle v Kasan [2013] NSWSC 295

Judgment date: 8 March 2013 Jurisdiction: Supreme Court of NSW, Common Law1 In Brief

Where a party makes a Calderbank offer, the usual order that costs follow the event may still be made if it was not unreasonable for the party to reject the offer. The interests of tutors may be taken into account by a court when considering whether the settlement should be approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW). Background

This claim relates to injuries received by the plaintiff at birth. The defendant was the obstetrician who had the care of the mother of the plaintiff at the time.

The matter was initially unlitigated. In March, May and August 2011, the plaintiff served three expert reports in relation to liability and quantum.

On 29 November 2011, the plaintiff served a schedule of damages on the defendant.

On 30 November 2011, the defendant made an offer of $500,000 plus costs. This offer was set out in a letter which stated that the offer remained open until 1 February 2012 and was made pursuant to the principles in Calderbank v Calderbank2 .

On 15 December 2011, the plaintiff filed a Statement of Claim, and on 5 March 2012 the plaintiff served a Statement of Particulars.

The defendant admitted breach of duty of care...