RYDE CITY COUNCIL v TOURTOURAS [NO. 2] [2007] NSWCA 262

RYDE CITY COUNCIL v TOURTOURAS [NO. 2] [2007] NSWCA 262

The Council's offer did not justify indemnity costs because it was not made under the Uniform Civil Procedure Rules, the figures showed no real element of compromise, and the offer was not repeated in the Court of Appeal.

Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Costs Application in Civil Appeal / Court of Appeal, on Written Submissions After Principal Judgment
Outcome
Application to vary the costs order refused.
Legal Topics
['indemnity Costs' 'offer of Settlement' 'calderbank Offer' 'genuine Element of Compromise']
['costs' 'civil Procedure'] ['indemnity Costs' 'offer of Settlement' 'calderbank Offer' 'genuine Element of Compromise']

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Procedural Posture

Costs Application in Civil Appeal / Court of Appeal, on Written Submissions After Principal Judgment

Legal Issues

  1. 1 ["Whether Ryde City Council's costs should be paid on an indemnity basis from 1 August 2006 because of its settlement offer dated 31 July 2006." 'Whether the settlement offer contained a real and genuine element of compromise.']

Ratio Decidendi

The Council's offer did not justify indemnity costs because it was not made under the Uniform Civil Procedure Rules, the figures showed no real element of compromise, and the offer was not repeated in the Court of Appeal.

Court Disposition

Application to vary the costs order refused.

Orders

  • ['No alteration in the order for costs made on 23 August 2007.' 'No order as to the costs of this further application.']