Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 1069

Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 1069

The offer of compromise by the third defendant was valid under UCPR 20.26, not accepted, and the result obtained by the third defendant was no less favourable than the offer; accordingly, pursuant to UCPR 42.15A, she is entitled to indemnity costs from the day after the offer was made.

Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Costs Application / Post Judgment, Costs Determination
Outcome
Costs orders in favour of third defendant as specified.
Legal Topics
['costs' 'offer of Compromise' 'uniform Civil Procedure Rules 2005']
['civil Procedure'] ['costs' 'offer of Compromise' 'uniform Civil Procedure Rules 2005']

Case Brief

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Procedural Posture

Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether the third defendant is entitled to indemnity costs from 21 August 2016 as a result of an unaccepted offer of compromise under UCPR 20.26']

Ratio Decidendi

The offer of compromise by the third defendant was valid under UCPR 20.26, not accepted, and the result obtained by the third defendant was no less favourable than the offer; accordingly, pursuant to UCPR 42.15A, she is entitled to indemnity costs from the day after the offer was made.

Court Disposition

Costs orders in favour of third defendant as specified.

Orders

  • ["Order the plaintiff to pay the third defendant's costs on an ordinary basis up to and including 20 August 2016 and thereafter on an indemnity basis." "Order the plaintiff to pay the third defendant's costs of this application on an ordinary basis."]