Bowman v Ricegrowers Limited (formerly Ricegrowers' Co-operative Limited) (No 2) [2007] NSWIRComm 267

Bowman v Ricegrowers Limited (formerly Ricegrowers' Co-operative Limited) (No 2) [2007] NSWIRComm 267

Mr Bowman was entitled to indemnity costs from the date of his offer of compromise since he obtained an order more favourable than his offer and the respondent's later offer inclusive of costs did not amount to a valid offer of compromise; the court exercised its discretion not to displace the presumptive entitlement to indemnity costs.

Parties
Appellant / Cross Respondent: Rod Bowman; Respondent / Cross Appellant: Ricegrowers Limited (formerly Ricegrowers' Co-Operative Limited)
Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Appeal and Cross Appeal (leave to Appeal and Extension of Time to Appeal) / Judgment on Costs After Appeal and Cross Appeal
Outcome
Ricegrowers to pay Mr Bowman's costs, including indemnity costs after the relevant date.
Legal Topics
Costs, Unfair Contract, Offer of Compromise, Appeal Procedure
Employment Law Industrial Law Civil Procedure Costs Unfair Contract Offer of Compromise Appeal Procedure

Case Brief

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Parties

Rod Bowman

Appellant / Cross Respondent

Ricegrowers Limited (formerly Ricegrowers' Co-Operative Limited)

Respondent / Cross Appellant

Procedural Posture

Appeal and Cross Appeal (leave to Appeal and Extension of Time to Appeal) / Judgment on Costs After Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to indemnity costs after an offer of compromise was made and rejected
  2. 2 Whether a respondent's offer of compromise inclusive of costs displaces entitlement to indemnity costs under the Industrial Relations Commission Rules 1996

Ratio Decidendi

Mr Bowman was entitled to indemnity costs from the date of his offer of compromise since he obtained an order more favourable than his offer and the respondent's later offer inclusive of costs did not amount to a valid offer of compromise; the court exercised its discretion not to displace the presumptive entitlement to indemnity costs.

Court Disposition

Ricegrowers to pay Mr Bowman's costs, including indemnity costs after the relevant date.

Orders

  • Ricegrowers shall pay Mr Bowman's costs of the proceedings before Marks J on a party and party basis up until 21 June 2005 and on an indemnity basis on and after 22 June 2005.
  • Ricegrowers shall pay Mr Bowman's costs of the appeal and of the cross appeal on an indemnity basis.