Air Link Pty Ltd v Paterson (No 2) [2009] NSWCA 342

Air Link Pty Ltd v Paterson (No 2) [2009] NSWCA 342

The respondent was entitled to indemnity costs from the date of the offer of compromise as the appellant did not accept the offer, and there was no reason why the Rules should not apply.

Jurisdiction
Australia
Judgment Date
20 October 2009
Procedural Posture
Appeal / Costs Judgment Following Appeal Decision
Outcome
Costs order varied in favour of respondent
Legal Topics
['costs Orders' 'offers of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs Orders' 'offers of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal / Costs Judgment Following Appeal Decision

Legal Issues

  1. 1 ['Whether the respondent is entitled to indemnity costs from 27 July 2009 pursuant to an offer of compromise under the Uniform Civil Procedure Rules 2005 (NSW)']

Ratio Decidendi

The respondent was entitled to indemnity costs from the date of the offer of compromise as the appellant did not accept the offer, and there was no reason why the Rules should not apply.

Court Disposition

Costs order varied in favour of respondent

Orders

  • ["Appellant to pay respondent's costs of the appeal proceedings up to and including 27 July 2009 on a party/party basis." "Appellant to pay respondent's costs of the appeal proceedings after 27 July 2009 on an indemnity basis." "Appellant to pay respondent's costs of the motion."]