Australian Defence Apparel Pty Limited v Graham & Anor [2019] NSWSC 1162

Australian Defence Apparel Pty Limited v Graham & Anor [2019] NSWSC 1162

The accepted offer expressly contemplated undertakings by the defendants and that the proceedings be otherwise dismissed. A dismissal of the summons or statement of claim is defined by the UCPR as judgment in favour of the defendant and is antithetical to judgment in favour of the plaintiff. Rule 20.27(3) permits judgment to be entered in accordance with the accepted offer, not contrary to it. Because the offer was not a mixed offer and did not amount to judgment for the plaintiff, r 42.13A(3) applied and the plaintiff was required to pay the defendants' costs.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Costs Determination Concerning an Accepted Offer of Compromise / Notice of Motion After Settlement in Principle Seeking Entry of Judgment and Determination of Costs
Outcome
Judgment for the plaintiff under r 20.27(3) refused; plaintiff to pay the defendants' costs pursuant to r 42.13A(3).
Legal Topics
['offer of Compromise' 'acceptance of Offer' 'costs Consequences of Accepted Offer With No Provision for Costs' 'dismissal of Proceedings' 'undertakings to the Court']
['civil Procedure' 'costs' 'employment Restraints'] ['offer of Compromise' 'acceptance of Offer' 'costs Consequences of Accepted Offer With No Provision for Costs' 'dismissal of Proceedings' 'undertakings to the Court']

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Procedural Posture

Costs Determination Concerning an Accepted Offer of Compromise / Notice of Motion After Settlement in Principle Seeking Entry of Judgment and Determination of Costs

Legal Issues

  1. 1 ["Whether judgment should be entered for the plaintiff under r 20.27(3) of the Uniform Civil Procedure Rules 2005 (NSW) after acceptance of the defendants' offer of compromise." 'Whether the accepted offer proposed judgment in favour of the plaintiff, judgment in favour of the defendants, or a mixed offer for the purposes of r 42.13A of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiff or the defendants were entitled to costs following acceptance of the offer of compromise.']

Ratio Decidendi

The accepted offer expressly contemplated undertakings by the defendants and that the proceedings be otherwise dismissed. A dismissal of the summons or statement of claim is defined by the UCPR as judgment in favour of the defendant and is antithetical to judgment in favour of the plaintiff. Rule 20.27(3) permits judgment to be entered in accordance with the accepted offer, not contrary to it. Because the offer was not a mixed offer and did not amount to judgment for the plaintiff, r 42.13A(3) applied and the plaintiff was required to pay the defendants' costs.

Court Disposition

Judgment for the plaintiff under r 20.27(3) refused; plaintiff to pay the defendants' costs pursuant to r 42.13A(3).

Orders

  • ['The Court would not enter judgment for the plaintiff under r 20.27(3).' "The plaintiff should pay the defendants' costs pursuant to r 42.13A(3)." 'The parties were invited to prepare short minutes of order to reflect the reasons.']