Alpha Centauri Enterprises Pty Ltd v Mortgage House of Australia Pty Ltd [2009] NSWSC 636

Alpha Centauri Enterprises Pty Ltd v Mortgage House of Australia Pty Ltd [2009] NSWSC 636

The existence of a global offer of compromise, not distinguishing between claim and cross-claims, is sufficient to justify indemnity costs against the plaintiffs from the date of the offer for the main proceedings but does not displace the usual entitlement to costs for successful parties on cross-claims. The previously assessed costs arising from the April 2007 adjournment are now immediately payable, as proceedings at first instance have concluded and there is no basis for a stay.

Jurisdiction
Australia
Judgment Date
03 July 2009
Procedural Posture
Civil / Post Judgment (costs Determination After Dismissal of Claims and Cross Claims)
Outcome
Costs order made: Plaintiffs to pay defendants' costs of the proceedings (excluding cross-claims) on party/party basis up to 6 February 2007 and on indemnity basis thereafter; defendants' assessed costs of $106,735.25 for April 2007 vacation payable immediately; defendants to pay plaintiffs' costs of the cross-claims.
Legal Topics
['costs' 'offer of Compromise' 'cross Claims' 'indemnity Costs' 'party/party Costs']
['civil Procedure'] ['costs' 'offer of Compromise' 'cross Claims' 'indemnity Costs' 'party/party Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs Determination After Dismissal of Claims and Cross Claims)

Legal Issues

  1. 1 ['Whether costs should be ordered on a party/party or indemnity basis following an offer of compromise' 'Whether the order for costs relating to vacation of an earlier hearing date should be immediately payable' 'Entitlement to costs for cross-claims following dismissal of both claims and cross-claims']

Ratio Decidendi

The existence of a global offer of compromise, not distinguishing between claim and cross-claims, is sufficient to justify indemnity costs against the plaintiffs from the date of the offer for the main proceedings but does not displace the usual entitlement to costs for successful parties on cross-claims. The previously assessed costs arising from the April 2007 adjournment are now immediately payable, as proceedings at first instance have concluded and there is no basis for a stay.

Court Disposition

Costs order made: Plaintiffs to pay defendants' costs of the proceedings (excluding cross-claims) on party/party basis up to 6 February 2007 and on indemnity basis thereafter; defendants' assessed costs of $106,735.25 for April 2007 vacation payable immediately; defendants to pay plaintiffs' costs of the cross-claims.

Orders

  • ["The plaintiffs are to pay the defendants' costs of the proceedings, other than the cross-claims, on a party and party basis until 6 February 2007 and on an indemnity basis thereafter." "The defendants' assessed costs of $106,735.25 are payable immediately." "The defendants are to pay the plaintiffs' costs of the...