The Estate of Edward Richard Johnston [2015] NSWSC 1559

The Estate of Edward Richard Johnston [2015] NSWSC 1559

The offer of compromise proposed a payment to each of the defendants, which constitutes a judgment in their favour as defined by the Civil Procedure Act 2005 (NSW); therefore, under UCPR 42.13A(3), the defendants are entitled to their costs up to the date of the offer.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Application for Costs Following Acceptance of Offer of Compromise / Post Settlement; Costs Determination
Outcome
Defendants entitled to costs; plaintiffs to pay defendants' costs of the application.
Legal Topics
['costs Orders' 'offer of Compromise' 'acceptance of Offer' 'judgment and Costs Under Uniform Civil Procedure Rules 2005' 'entitlement to Costs After Compromise']
['equity' 'succession'] ['costs Orders' 'offer of Compromise' 'acceptance of Offer' 'judgment and Costs Under Uniform Civil Procedure Rules 2005' 'entitlement to Costs After Compromise']

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Procedural Posture

Application for Costs Following Acceptance of Offer of Compromise / Post Settlement; Costs Determination

Legal Issues

  1. 1 ['Whether defendants are entitled to costs following acceptance of an offer of compromise under the Uniform Civil Procedure Rules 2005 where no provision for costs is included in the offer' 'Whether the offer constituted a judgment in favour of the defendants for purposes of UCPR 42.13A(3)']

Ratio Decidendi

The offer of compromise proposed a payment to each of the defendants, which constitutes a judgment in their favour as defined by the Civil Procedure Act 2005 (NSW); therefore, under UCPR 42.13A(3), the defendants are entitled to their costs up to the date of the offer.

Court Disposition

Defendants entitled to costs; plaintiffs to pay defendants' costs of the application.

Orders

  • ["Plaintiffs to pay the defendants' costs of the application."]