Lim v Overall [1999] NSWSC 280

Lim v Overall [1999] NSWSC 280

The normal costs consequence under Pt 52A r 22 applies and there is no reason to otherwise order; the plaintiff is entitled to costs up to and including the date of acceptance of the offer of compromise.

Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Equity Proceedings (de Facto Relationship, Offer of Compromise) / Judgment Following Settlement on Costs Issue
Outcome
Judgment for plaintiff in settlement; plaintiff entitled to costs up to and including 28 September 1998.
Legal Topics
['offer of Compromise' 'costs' 'de Facto Relationship Proceedings']
['civil Procedure'] ['offer of Compromise' 'costs' 'de Facto Relationship Proceedings']

Case Brief

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Procedural Posture

Equity Proceedings (de Facto Relationship, Offer of Compromise) / Judgment Following Settlement on Costs Issue

Legal Issues

  1. 1 ['Costs consequences upon acceptance of an offer of compromise for less than $40,000 in de facto relationship proceedings' 'Whether the Court should depart from the usual rule and otherwise order costs']

Ratio Decidendi

The normal costs consequence under Pt 52A r 22 applies and there is no reason to otherwise order; the plaintiff is entitled to costs up to and including the date of acceptance of the offer of compromise.

Court Disposition

Judgment for plaintiff in settlement; plaintiff entitled to costs up to and including 28 September 1998.

Orders

  • ['Order that defendant pay plaintiff $16,000 as agreed settlement under offer of compromise.' 'Order that plaintiff is entitled to costs of the proceedings up to and including 28 September 1998.']