NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14

NRMA Insurance for the Nominal Defendant v Al-Bayati (No 2) [2019] NSWCA 14

Ms Al-Bayati failed to discharge the onus to show that the offers constituted genuine compromise or that the Nominal Defendant's conduct in not accepting the offers was unreasonable, given the grounds of appeal were reasonably arguable. Accordingly, costs will not be assessed on an indemnity basis.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Notice of Motion for Indemnity Costs Following Appeal Dismissal / Post Appeal Costs Application
Outcome
Notice of motion for indemnity costs dismissed with costs.
Legal Topics
['costs' 'offer of Compromise' 'calderbank Letter' 'indemnity Costs' 'appeal Proceedings']
['civil Procedure'] ['costs' 'offer of Compromise' 'calderbank Letter' 'indemnity Costs' 'appeal Proceedings']

Case Brief

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Procedural Posture

Notice of Motion for Indemnity Costs Following Appeal Dismissal / Post Appeal Costs Application

Legal Issues

  1. 1 ['Whether costs should be assessed on an indemnity basis following rejection of an offer of compromise and Calderbank letter in appeal proceedings']

Ratio Decidendi

Ms Al-Bayati failed to discharge the onus to show that the offers constituted genuine compromise or that the Nominal Defendant's conduct in not accepting the offers was unreasonable, given the grounds of appeal were reasonably arguable. Accordingly, costs will not be assessed on an indemnity basis.

Court Disposition

Notice of motion for indemnity costs dismissed with costs.

Orders

  • ['Notice of motion filed on 28 November 2018 dismissed with costs.']