Colak v Ghalloub (No. 2) [2017] NSWDC 351

Colak v Ghalloub (No. 2) [2017] NSWDC 351

Given multiple settlement offers including an offer of compromise close to the alternative assessment of nominal damages, the plaintiff is to pay the defendant's costs on the ordinary basis up to 25 January 2017 and thereafter on an indemnity basis. The proceedings were not sufficiently complex to warrant hearing in the District Court; had the plaintiff succeeded on liability but not quantum, no costs would have been ordered in the plaintiff's favour.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Civil / Application for Costs Following Substantive Judgment
Outcome
Application for indemnity costs granted in part; costs on ordinary basis to 25 January 2017 and indemnity basis thereafter.
Legal Topics
['costs in Personal Injury Proceedings' 'offers of Compromise' 'indemnity Costs' 'nominal Damages' 'court Jurisdiction for Costs']
['costs' 'civil Procedure'] ['costs in Personal Injury Proceedings' 'offers of Compromise' 'indemnity Costs' 'nominal Damages' 'court Jurisdiction for Costs']

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Procedural Posture

Civil / Application for Costs Following Substantive Judgment

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs on an indemnity basis following unsuccessful personal injury claim" 'Whether the proceedings were properly brought in the District Court for the purposes of the Uniform Civil Procedure Rules 2005 (NSW) r 42.35' 'Effect of offers of compromise and proportionality of costs under legislation']

Ratio Decidendi

Given multiple settlement offers including an offer of compromise close to the alternative assessment of nominal damages, the plaintiff is to pay the defendant's costs on the ordinary basis up to 25 January 2017 and thereafter on an indemnity basis. The proceedings were not sufficiently complex to warrant hearing in the District Court; had the plaintiff succeeded on liability but not quantum, no costs would have been ordered in the plaintiff's favour.

Court Disposition

Application for indemnity costs granted in part; costs on ordinary basis to 25 January 2017 and indemnity basis thereafter.

Orders

  • ["The plaintiff is to pay the defendant's costs on the ordinary basis up until 25 January 2017 and thereafter on an indemnity basis."]