McGlashan v QBE Insurance (Australia) Ltd (No 4) [2014] NSWSC 882

McGlashan v QBE Insurance (Australia) Ltd (No 4) [2014] NSWSC 882

The offer of compromise was non-compliant with Rule 20.26 due to unnecessary reference to interim payments, which rendered the defendant not entitled to indemnity costs under rr 42.15A; the lack of all evidence served did not warrant ordering otherwise.

Parties
Plaintiff: Barry McGlashan; Defendant: QBE Insurance Limited
Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Interlocutory Application / Post Judgment Costs Application
Outcome
Application for indemnity costs refused
Legal Topics
Costs, Indemnity Costs, Offer of Compromise
Civil Procedure Costs Indemnity Costs Offer of Compromise

Case Brief

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Parties

Barry McGlashan

Plaintiff

QBE Insurance Limited

Defendant

Procedural Posture

Interlocutory Application / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the offer of compromise conformed with the requirements of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether circumstances exist to depart from the usual costs rule when offer not accepted and judgment no more favourable to plaintiff

Ratio Decidendi

The offer of compromise was non-compliant with Rule 20.26 due to unnecessary reference to interim payments, which rendered the defendant not entitled to indemnity costs under rr 42.15A; the lack of all evidence served did not warrant ordering otherwise.

Court Disposition

Application for indemnity costs refused

Orders

  • The application for indemnity costs is refused.