Simmons v Rockdale City Council (No 2) [2014] NSWSC 1275

Simmons v Rockdale City Council (No 2) [2014] NSWSC 1275

The plaintiff did not act unreasonably in failing to accept the Club's offer of compromise, given the uncertainties in evidence regarding liability delegation at the time of the offer, so the Club's costs should be on the ordinary basis. A Bullock or Sanderson order is not warranted because the Council's conduct did not mislead or induce the joinder of the Club, nor make it reasonable for the Council to bear the Club's costs.

Jurisdiction
Australia
Judgment Date
18 September 2014
Procedural Posture
Civil / Post Trial, Costs Judgment
Outcome
Orders as to costs: Council to pay the plaintiff's costs on the ordinary basis; plaintiff to pay the Club's costs on the ordinary basis; first and second defendants to bear their own costs of cross-claims.
Legal Topics
['costs' 'offers of Compromise' 'bullock Order' 'sanderson Order' 'indemnity Costs']
['civil Procedure'] ['costs' 'offers of Compromise' 'bullock Order' 'sanderson Order' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Post Trial, Costs Judgment

Legal Issues

  1. 1 ["Whether the plaintiff should pay the second defendant's costs on an indemnity basis due to an unaccepted offer of compromise" "Whether a Bullock or Sanderson order should be made so the Council pays the Club's costs incurred by the plaintiff's unsuccessful claim against the Club"]

Ratio Decidendi

The plaintiff did not act unreasonably in failing to accept the Club's offer of compromise, given the uncertainties in evidence regarding liability delegation at the time of the offer, so the Club's costs should be on the ordinary basis. A Bullock or Sanderson order is not warranted because the Council's conduct did not mislead or induce the joinder of the Club, nor make it reasonable for the Council to bear the Club's costs.

Court Disposition

Orders as to costs: Council to pay the plaintiff's costs on the ordinary basis; plaintiff to pay the Club's costs on the ordinary basis; first and second defendants to bear their own costs of cross-claims.

Orders

  • ["The first defendant (the Council) is to pay the plaintiff's costs of the proceedings on the ordinary basis." "The plaintiff is to pay the second defendant's (the Club's) costs of the proceedings on the ordinary basis." 'As between the first and second defendants, each party pay their own costs of the cross-claims.']