AAMI LIMITED v HAIN [2008] NSWCA 90

AAMI LIMITED v HAIN [2008] NSWCA 90

In light of the respondent's unaccepted offer of compromise and the absence of submissions from the appellant, indemnity costs were ordered from 7 August 2007.

Jurisdiction
Australia
Judgment Date
12 May 2008
Procedural Posture
Appeal / Judgment on Costs Following Dismissal of Appeal
Outcome
Orders for costs as specified made in favour of respondent.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the respondent from 7 August 2007 following an unaccepted offer of compromise']

Ratio Decidendi

In light of the respondent's unaccepted offer of compromise and the absence of submissions from the appellant, indemnity costs were ordered from 7 August 2007.

Court Disposition

Orders for costs as specified made in favour of respondent.

Orders

  • ["Respondent's costs of the appeal up to 7 August 2007 be assessed on an ordinary basis." "Respondent's costs of the appeal thereafter be assessed on an indemnity basis."]