AAV Australia Pty Limited v Regency Media Pty Limited (No. 2) [2008] NSWDC 115

AAV Australia Pty Limited v Regency Media Pty Limited (No. 2) [2008] NSWDC 115

The plaintiff is entitled to costs on the ordinary basis up to 5 September 2007 and on an indemnity basis thereafter because the offer of compromise represented a real and genuine compromise, and the defendant failed to show exceptional circumstances to depart from the Rules.

Parties
Plaintiff: AAV Australia Pty Limited; Defendant: Regency Media Pty Limited
Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Civil / Post Judgment Costs Application
Outcome
Plaintiff's application for indemnity costs post-offer granted
Legal Topics
Offer of Compromise, Costs, Pre Judgment Interest
Civil Procedure Offer of Compromise Costs Pre Judgment Interest

Case Brief

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Parties

AAV Australia Pty Limited

Plaintiff

Regency Media Pty Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to indemnity costs following rejection of an offer of compromise and result more favourable than the offer
  2. 2 Whether there are exceptional circumstances to depart from the ordinary rule regarding costs after an offer of compromise

Ratio Decidendi

The plaintiff is entitled to costs on the ordinary basis up to 5 September 2007 and on an indemnity basis thereafter because the offer of compromise represented a real and genuine compromise, and the defendant failed to show exceptional circumstances to depart from the Rules.

Court Disposition

Plaintiff's application for indemnity costs post-offer granted

Orders

  • Order the Defendant to pay the Plaintiff's costs of the proceedings, such costs to be agreed or assessed on the ordinary basis up to and including 5 September 2007 and thereafter on an indemnity basis.