Abbott v Klein (No 3) [2015] NSWDC 111

Abbott v Klein (No 3) [2015] NSWDC 111

The applicant failed to establish any irregularity, error, or misapprehension by the court or parties in making the costs order, as the discretion to award indemnity costs did not depend solely on the technical compliance of the offer of compromise, and any alleged defect or ambiguity did not justify setting aside the order under r 36.15 or r 36.16, particularly because the point could and should have been raised earlier and finality must be respected.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Civil / Application to Set Aside Costs Order Post Judgment
Outcome
Notice of motion to set aside costs order dismissed
Legal Topics
['costs' 'offers of Compromise' 'setting Aside Orders' 'indemnity Costs']
['civil Procedure'] ['costs' 'offers of Compromise' 'setting Aside Orders' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Application to Set Aside Costs Order Post Judgment

Legal Issues

  1. 1 ['Whether the costs order made on 13 May 2015 should be set aside under r 36.15 or r 36.16 of the Uniform Civil Procedure Rules 2005' "Whether the plaintiff's offer of compromise complied with r 20.26 and the consequences for indemnity costs" 'Whether any misapprehension of law or fact or irregularity in making the original order exists']

Ratio Decidendi

The applicant failed to establish any irregularity, error, or misapprehension by the court or parties in making the costs order, as the discretion to award indemnity costs did not depend solely on the technical compliance of the offer of compromise, and any alleged defect or ambiguity did not justify setting aside the order under r 36.15 or r 36.16, particularly because the point could and should have been raised earlier and finality must be respected.

Court Disposition

Notice of motion to set aside costs order dismissed

Orders

  • ["Defendant's notice of motion (filed 26 May 2015) to set aside the costs order made on 13 May 2015 be dismissed." "Defendant to pay the plaintiff's costs of the motion on an indemnity basis."]