Segboer & Anor v A J Richardson Properties Pty Limited & Anor (No 2) [2012] NSWCA 372

Segboer & Anor v A J Richardson Properties Pty Limited & Anor (No 2) [2012] NSWCA 372

The first respondent succeeded in all respects against the appellants on the appeal and satisfied UCPR r 42.15A(1); because the appellants advanced no basis for the Court to order otherwise, the first respondent was entitled to indemnity costs from 20 March 2012 and ordinary costs up to and including 19 March 2012.

Jurisdiction
Australia
Judgment Date
15 November 2012
Procedural Posture
Appeal Costs Application / Notice of Motion Determined on the Papers After Appeal Judgment
Outcome
Order 2 made on 14 August 2012 was replaced with costs orders in favour of the first respondent.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'court of Appeal Proceedings']
['civil Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'court of Appeal Proceedings']

Case Brief

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Procedural Posture

Appeal Costs Application / Notice of Motion Determined on the Papers After Appeal Judgment

Legal Issues

  1. 1 ['Whether the first respondent was entitled to indemnity costs of the appeal from 20 March 2012 by reason of an unaccepted Offer of Compromise served on 19 March 2012.' 'Whether there was any basis for the Court to order otherwise under UCPR r 42.15A.']

Ratio Decidendi

The first respondent succeeded in all respects against the appellants on the appeal and satisfied UCPR r 42.15A(1); because the appellants advanced no basis for the Court to order otherwise, the first respondent was entitled to indemnity costs from 20 March 2012 and ordinary costs up to and including 19 March 2012.

Court Disposition

Order 2 made on 14 August 2012 was replaced with costs orders in favour of the first respondent.

Orders

  • ['In lieu of Order 2 made on 14 August 2012, make the following Orders:' "2A The appellants pay the first respondent's costs of the appeal up to and including 19 March 2012 on the ordinary basis." "2B The appellants pay the first respondent's costs of the appeal on and from 20 March 2012 on an indemnity basis."]