Officeworks Ltd v Christopher (No 2) [2019] NSWCA 131

Officeworks Ltd v Christopher (No 2) [2019] NSWCA 131

The offer of compromise was made shortly before the hearing after service of the relevant evidence, and the period for acceptance until 5pm on 27 June 2016 was reasonable in the circumstances. Because the judgment of $7,517.25 was no more favourable to Ms Christopher than Officeworks' $10,000 offer, and no reason was shown to order otherwise, Officeworks was entitled to indemnity costs at first instance after 23 June 2016, while Ms Christopher was entitled to her costs up to and including that date.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Civil Appeal; Costs / On the Papers After Appeal Allowed, for Determination of Judgment Amount and Costs
Outcome
Judgment entered for the plaintiff in the sum of $7,517.25; District Court costs order set aside and substituted; respondent ordered to pay appellant's appeal costs; Suitors' Fund certificate granted to the respondent.
Legal Topics
['offer of Compromise' 'indemnity Costs' "suitors' Fund Certificate" 'costs at First Instance and on Appeal']
['civil Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' "suitors' Fund Certificate" 'costs at First Instance and on Appeal']

Case Brief

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Procedural Posture

Civil Appeal; Costs / On the Papers After Appeal Allowed, for Determination of Judgment Amount and Costs

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to judgment in the agreed sum of $7,517.25.' "Whether Officeworks' offer of compromise dated 23 June 2016 complied with the Uniform Civil Procedure Rules 2005." 'Whether the judgment obtained was no more favourable to the plaintiff than the offer so as to attract an indemnity costs order after the offer.' 'Whether any reason existed to order otherwise than under the costs rules.']

Ratio Decidendi

The offer of compromise was made shortly before the hearing after service of the relevant evidence, and the period for acceptance until 5pm on 27 June 2016 was reasonable in the circumstances. Because the judgment of $7,517.25 was no more favourable to Ms Christopher than Officeworks' $10,000 offer, and no reason was shown to order otherwise, Officeworks was entitled to indemnity costs at first instance after 23 June 2016, while Ms Christopher was entitled to her costs up to and including that date.

Court Disposition

Judgment entered for the plaintiff in the sum of $7,517.25; District Court costs order set aside and substituted; respondent ordered to pay appellant's appeal costs; Suitors' Fund certificate granted to the respondent.

Orders

  • ["In lieu of the judgment of the District Court entered on 19 October 2018, which was set aside by this Court's order of 6 May 2019, enter judgment in favour of the plaintiff in the sum of $7,517.25." "Set aside the order of the District Court as to costs made on 19 October 2018, and in lieu thereof order the...