Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited (No 2) [2019] NSWSC 1640

Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited (No 2) [2019] NSWSC 1640

The defendants' offer of compromise satisfied the requirements of the Uniform Civil Procedure Rules for a valid offer, including being open for a reasonable period and involving a substantial compromise through the concession of accrued costs. As Bradcorp's refusal of the offer was not unreasonable but the offer nevertheless met the technical requirements of the rules, the defendants were entitled to indemnity costs from the day after the offer was made.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Costs Application in Equity Commercial List / Post Judgment (costs)
Outcome
Indemnity costs orders in favour of the defendants from 25 June 2019 onwards; costs on an ordinary basis up until that date.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise']
['civil Procedure' 'equity' 'commercial Law'] ['costs' 'indemnity Costs' 'offers of Compromise']

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Procedural Posture

Costs Application in Equity Commercial List / Post Judgment (costs)

Legal Issues

  1. 1 ["Whether the defendants are entitled to indemnity costs after making a 'walk-away' offer under the Uniform Civil Procedure Rules (UCPR)" 'Whether the offer of compromise met the requirements under UCPR r 20.26' 'Whether the offer was open for a reasonable time' 'Whether the offer involved a genuine element of compromise']

Ratio Decidendi

The defendants' offer of compromise satisfied the requirements of the Uniform Civil Procedure Rules for a valid offer, including being open for a reasonable period and involving a substantial compromise through the concession of accrued costs. As Bradcorp's refusal of the offer was not unreasonable but the offer nevertheless met the technical requirements of the rules, the defendants were entitled to indemnity costs from the day after the offer was made.

Court Disposition

Indemnity costs orders in favour of the defendants from 25 June 2019 onwards; costs on an ordinary basis up until that date.

Orders

  • ["Order 2 made on 18 October 2019 be varied so as to provide: Order that the plaintiff pay the defendant's costs of the proceedings on the ordinary basis up until 25 June 2019 and thereafter on the indemnity basis." "Order that the cross-defendant pay the cross-claimant's costs on the cross-claim on the ordinary...