Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers (No. 2) [2013] NSWSC 1213

Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers (No. 2) [2013] NSWSC 1213

Even if prayer 6 as incorporated into Alternative 2 of the offer of compromise was ambiguous, the Defendants were protected by the Plaintiff allowing a credit of $25,000, and the Schedule 2 costs were well under that amount. The Plaintiff's result was therefore not less favourable than Alternative 2 in the offer of compromise, justifying indemnity costs from 27 April 2013.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Costs Appeal and Cross Summons / Orders and Costs Application Following Judgment
Outcome
Appeal allowed with costs; cross-summons dismissed with costs; indemnity costs ordered from 27 April 2013.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'costs Assessment' 'motor Accident Legal Costs Regulation']
['costs' 'civil Procedure'] ['indemnity Costs' 'offer of Compromise' 'costs Assessment' 'motor Accident Legal Costs Regulation']

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Procedural Posture

Costs Appeal and Cross Summons / Orders and Costs Application Following Judgment

Legal Issues

  1. 1 ['Whether the Plaintiff should receive indemnity costs from 27 April 2013 on the basis of an offer of compromise sent on 26 April 2013.' 'Whether Alternative 2 in the offer of compromise was ambiguous because prayer 6 referred only to Schedule 1 of the Motor Accidents Compensation Regulation 2005 and not Schedule 2 costs.' 'Whether the result obtained by the Plaintiff was not less favourable than the offer of compromise.']

Ratio Decidendi

Even if prayer 6 as incorporated into Alternative 2 of the offer of compromise was ambiguous, the Defendants were protected by the Plaintiff allowing a credit of $25,000, and the Schedule 2 costs were well under that amount. The Plaintiff's result was therefore not less favourable than Alternative 2 in the offer of compromise, justifying indemnity costs from 27 April 2013.

Court Disposition

Appeal allowed with costs; cross-summons dismissed with costs; indemnity costs ordered from 27 April 2013.

Orders

  • ['Appeal allowed with costs, cross-summons dismissed with costs.' 'Set aside the decision of the Costs Assessor that costs incurred after 14 July 2005 be assessed and allowed on the basis set out in the costs agreement dated 14 July 2005 and in updated disclosure documents.' 'Remit the matter to the Costs Assessor...