Woollahra Municipal Council v Juric (No. 2) [2004] NSWCA 102

Woollahra Municipal Council v Juric (No. 2) [2004] NSWCA 102

Given the offer of compromise was properly made in accordance with the rules, was a true compromise, not accepted by the claimant, and the opponent obtained a verdict not less favourable, it is appropriate to award indemnity costs from the date of the offer.

Parties
Claimant: Woollahra Municipal Council; Opponent: Emma Juric
Jurisdiction
Australia
Judgment Date
01 April 2004
Procedural Posture
Application for Leave to Appeal (costs Judgment) / Judgment on Costs Following Dismissal of Leave to Appeal
Outcome
Order varied; claimant to pay opponent's costs of application for leave to appeal on an indemnity basis from 23 September 2003 and on a party and party basis on and prior to that day.
Legal Topics
Costs, Offer of Compromise, Indemnity Costs, Application for Leave to Appeal
Civil Procedure Costs Offer of Compromise Indemnity Costs Application for Leave to Appeal

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Parties

Woollahra Municipal Council

Claimant

Emma Juric

Opponent

Procedural Posture

Application for Leave to Appeal (costs Judgment) / Judgment on Costs Following Dismissal of Leave to Appeal

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the opponent following an unaccepted offer of compromise made under Supreme Court Rules 1970 (NSW) Pt 52A r 22(4).

Ratio Decidendi

Given the offer of compromise was properly made in accordance with the rules, was a true compromise, not accepted by the claimant, and the opponent obtained a verdict not less favourable, it is appropriate to award indemnity costs from the date of the offer.

Court Disposition

Order varied; claimant to pay opponent's costs of application for leave to appeal on an indemnity basis from 23 September 2003 and on a party and party basis on and prior to that day.

Orders

  • Varies order made on 22 March 2004 by substituting for the costs order an order that the Claimant pay the Opponent's costs of the application for Leave to Appeal assessed on an indemnity basis from 23 September 2003 and on a party and party basis on and prior to that day.