Porter-Coote v DHSH (Aust) Travel Pty Ltd [2009] NSWSC 1094
Similar considerations to those applying under Uniform Civil Procedure Rules, Pt 42 r 42.14 apply to Uniform Civil Procedure Rules, Pt 42 r 42.13A; the circumstances advanced did not justify exercising the discretion to depart from the rule, so the plaintiffs' application was refused.
- Jurisdiction
- Australia
- Judgment Date
- 06 October 2009
- Procedural Posture
- Costs Application / Application Concerning Departure From Uniform Civil Procedure Rules 2005, Pt 42 R 42.13 a After Defendants' Offer Was Accepted by Plaintiffs
- Outcome
- Application refused.
- Legal Topics
- ['offers of Compromise' 'ordinary Costs' 'discretion to Depart From Costs Rule' 'uniform Civil Procedure Rules 2005, Pt 42 R 42.13 A']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Costs Application / Application Concerning Departure From Uniform Civil Procedure Rules 2005, Pt 42 R 42.13 a After Defendants' Offer Was Accepted by Plaintiffs
Legal Issues
- 1 ["Whether the court should depart from Uniform Civil Procedure Rules 2005, Pt 42 r 42.13A and order the plaintiffs' costs up to the date of acceptance of the defendants' offer rather than up to the date the offer was made."]
Ratio Decidendi
Similar considerations to those applying under Uniform Civil Procedure Rules, Pt 42 r 42.14 apply to Uniform Civil Procedure Rules, Pt 42 r 42.13A; the circumstances advanced did not justify exercising the discretion to depart from the rule, so the plaintiffs' application was refused.
Court Disposition
Application refused.
Orders
- ['Application refused.']
Full Case Text
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