The Owners – Strata Plan No 89866 v Zouki (No 2) [2024] NSWSC 764

It was not unreasonable for Hardy Pty Ltd not to accept the settlement offers, due to brevity and terms of the offers; thus, indemnity costs are not appropriate.

Jurisdiction: Australia
Judgment Date: 20 June 2024
Procedural Posture: Costs Application / Post Judgment (costs Determination)
Outcome: Indemnity costs refused; costs to be paid on party/party basis.
Legal Topics: ['costs' 'indemnity Costs' 'freezing Orders']

['civil Procedure'] ['costs' 'indemnity Costs' 'freezing Orders']

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Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

1 ['Whether costs should be awarded on an indemnity basis' 'Whether it was unreasonable for Hardy Pty Ltd not to accept settlement offers']

Ratio Decidendi

It was not unreasonable for Hardy Pty Ltd not to accept the settlement offers, due to brevity and terms of the offers; thus, indemnity costs are not appropriate.

Court Disposition

Indemnity costs refused; costs to be paid on party/party basis.

Orders

["Hardy Pty Ltd to pay the plaintiff Owners Corporation's costs on a party/party basis."]