Hannam v State of New South Wales (No 11) [2023] NSWSC 472

Hannam v State of New South Wales (No 11) [2023] NSWSC 472

The defendant was entitled to an order that the plaintiff pay its costs on the ordinary basis up to and including 2 September 2021 and on an indemnity basis thereafter, as the second offer of compromise contained the requisite degree of compromise. The application to have the plaintiff's solicitors indemnify for costs was dismissed, as the legal services provided maintained reasonable prospects of success at all relevant times and privilege was not waived.

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Civil / Post Trial Costs Application
Outcome
Orders for costs on ordinary and indemnity basis against the plaintiff; no order as to costs between plaintiff and defendant regarding applications; respondent solicitors not ordered to indemnify; defendant to pay respondents' costs for indemnity application.
Legal Topics
['indemnity Costs' 'gross Sum Order' 'costs Against Legal Practitioner' 'offer of Compromise']
['tort Law' 'civil Procedure' 'costs'] ['indemnity Costs' 'gross Sum Order' 'costs Against Legal Practitioner' 'offer of Compromise']

Case Brief

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Procedural Posture

Civil / Post Trial Costs Application

Legal Issues

  1. 1 ['Whether an offer of compromise limited to costs contained requisite degree of compromise for UCPR r 42.15A' 'Whether costs ought be ordered in a gross sum' 'Whether legal practitioner ought be ordered to indemnify plaintiff for costs for which the plaintiff is liable to the defendant']

Ratio Decidendi

The defendant was entitled to an order that the plaintiff pay its costs on the ordinary basis up to and including 2 September 2021 and on an indemnity basis thereafter, as the second offer of compromise contained the requisite degree of compromise. The application to have the plaintiff's solicitors indemnify for costs was dismissed, as the legal services provided maintained reasonable prospects of success at all relevant times and privilege was not waived.

Court Disposition

Orders for costs on ordinary and indemnity basis against the plaintiff; no order as to costs between plaintiff and defendant regarding applications; respondent solicitors not ordered to indemnify; defendant to pay respondents' costs for indemnity application.

Orders

  • ["Order plaintiff to pay defendant's costs on ordinary basis up to and including 2 September 2021 and on indemnity basis thereafter." 'Order that the costs be paid in the gross sum of $600,000.' 'No order as to costs between plaintiff and defendant regarding applications for indemnity costs and gross sum.' "Dismiss...