Baycorp Capital Ltd v Dex Consulting Pty Limited (No 2) [2015] NSWSC 975

Baycorp Capital Ltd v Dex Consulting Pty Limited (No 2) [2015] NSWSC 975

The plaintiff did not accept the defendant's offer of compromise dated 12 March 2010, which was compliant with the rules. The defendants subsequently obtained a judgment more favourable than the terms of the offer, such that r 42.15A applies and entitles the defendants to costs on the ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010.

Parties
Plaintiff: Baycorp Capital Ltd; First Defendant: Dex Consulting Pty Limited; Second Defendant: Michael James Dutton
Jurisdiction
Australia
Judgment Date
21 July 2015
Procedural Posture
Costs Application / Post Judgment
Outcome
The plaintiff is to pay the defendants' costs on an ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010.
Legal Topics
Costs, Offer of Compromise, Indemnity Costs
Civil Procedure Costs Offer of Compromise Indemnity Costs

Case Brief

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Parties

Baycorp Capital Ltd

Plaintiff

Dex Consulting Pty Limited

First Defendant

Michael James Dutton

Second Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether the defendants are entitled to costs on an indemnity basis from the date of the offer of compromise pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 42.15A.

Ratio Decidendi

The plaintiff did not accept the defendant's offer of compromise dated 12 March 2010, which was compliant with the rules. The defendants subsequently obtained a judgment more favourable than the terms of the offer, such that r 42.15A applies and entitles the defendants to costs on the ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010.

Court Disposition

The plaintiff is to pay the defendants' costs on an ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010.

Orders

  • The plaintiff is to pay the defendants' costs on an ordinary basis up to and including 12 March 2010 and on an indemnity basis from 13 March 2010.