Rahme v Satouris (No 2) [2019] NSWSC 208

Rahme v Satouris (No 2) [2019] NSWSC 208

Second defendant is entitled to costs on the ordinary basis up to the offer of compromise on 31 October 2017 and on the indemnity basis thereafter, as the offer was not accepted and judgment was more favourable than that offer. Fourth defendant joined after offer; costs awarded on indemnity basis from date of joinder based on joint insurance, representation and subsequent offers.

Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Civil / Costs Order Following Principal Judgment
Outcome
Costs varied; plaintiffs to pay costs as per specified bases.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'party/party Costs' 'bases of Quantification']
['costs'] ['indemnity Costs' 'offer of Compromise' 'party/party Costs' 'bases of Quantification']

Case Brief

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Procedural Posture

Civil / Costs Order Following Principal Judgment

Legal Issues

  1. 1 ['Entitlement to indemnity costs for second defendant following rejection of offer of compromise' 'Entitlement to indemnity costs for fourth defendant following joinder and subsequent offers of compromise']

Ratio Decidendi

Second defendant is entitled to costs on the ordinary basis up to the offer of compromise on 31 October 2017 and on the indemnity basis thereafter, as the offer was not accepted and judgment was more favourable than that offer. Fourth defendant joined after offer; costs awarded on indemnity basis from date of joinder based on joint insurance, representation and subsequent offers.

Court Disposition

Costs varied; plaintiffs to pay costs as per specified bases.

Orders

  • ["Plaintiffs to pay second defendant's costs on the ordinary basis up to 31 October 2017 and on the indemnity basis from 1 November 2017." "Plaintiffs to pay fourth defendant's costs on the indemnity basis from 14 June 2018."]