Bechara v Bonacorso (No. 5) [2010] NSWDC 260

Bechara v Bonacorso (No. 5) [2010] NSWDC 260

No circumstances justified the exercise of the court's discretion to withhold indemnity costs as the offer of compromise was generous and clear, and the plaintiff was well-represented. The rules and legislation require indemnity costs from the expiry of the offer.

Jurisdiction
Australia
Judgment Date
10 November 2010
Procedural Posture
Civil / Post Judgment: Application for Costs Following Decision in Defamation Proceedings
Outcome
Orders that plaintiff pay the defendant’s costs of the proceedings on a party and party basis until 29 August 2009 and on an indemnity basis thereafter, and the costs of this motion on an indemnity basis.
Legal Topics
['costs Orders' 'indemnity Costs' 'offer of Compromise' 'defamation Litigation' 'application of Defamation Act']
['tort' 'defamation' 'civil Procedure'] ['costs Orders' 'indemnity Costs' 'offer of Compromise' 'defamation Litigation' 'application of Defamation Act']

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Procedural Posture

Civil / Post Judgment: Application for Costs Following Decision in Defamation Proceedings

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the defendant following an unaccepted offer of compromise under r 20.26 UCPR and s 40 Defamation Act 2005 (NSW)' 'Whether the court should exercise its discretion to order otherwise under r 42.15A(2) UCPR']

Ratio Decidendi

No circumstances justified the exercise of the court's discretion to withhold indemnity costs as the offer of compromise was generous and clear, and the plaintiff was well-represented. The rules and legislation require indemnity costs from the expiry of the offer.

Court Disposition

Orders that plaintiff pay the defendant’s costs of the proceedings on a party and party basis until 29 August 2009 and on an indemnity basis thereafter, and the costs of this motion on an indemnity basis.

Orders

  • ["Vary order 2 of the orders of 15 October 2010 to provide that the plaintiff pay the defendant's costs of these proceedings on a party and party basis until 29 August 2009, and on an indemnity basis thereafter." "The plaintiff pay the defendant's costs of this motion on an indemnity basis."]