Bradley Bates v Robert Henry Cooke (No 2) [2014] NSWSC 1322

Bradley Bates v Robert Henry Cooke (No 2) [2014] NSWSC 1322

Rule 42.15A of the Uniform Civil Procedure Rules applies to costs after an offer of compromise; in the absence of demonstrated circumstances justifying otherwise, the plaintiff must pay the defendant's costs on the ordinary basis up to the date of the offer and indemnity basis thereafter, despite submissions based on special principles for costs in family provision cases.

Jurisdiction
Australia
Judgment Date
25 September 2014
Procedural Posture
Costs Application Following Family Provision Claim / Post Judgment Costs Determination
Outcome
Plaintiff's costs claim dismissed; defendant awarded costs.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs']
['civil Procedure' 'family Provision'] ['costs' 'offers of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application Following Family Provision Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether special considerations apply in family provision cases when making costs orders after an offer of compromise.' "Whether plaintiff's rejection of a valid offer of compromise justifies departure from the ordinary and indemnity costs consequences under UCPR r 42.15A."]

Ratio Decidendi

Rule 42.15A of the Uniform Civil Procedure Rules applies to costs after an offer of compromise; in the absence of demonstrated circumstances justifying otherwise, the plaintiff must pay the defendant's costs on the ordinary basis up to the date of the offer and indemnity basis thereafter, despite submissions based on special principles for costs in family provision cases.

Court Disposition

Plaintiff's costs claim dismissed; defendant awarded costs.

Orders

  • ["The plaintiff pay the defendant's costs of the proceedings on the ordinary basis up to and including 24 June 2014." "The plaintiff pay the defendant's costs of the proceedings on the indemnity basis on and from 25 June 2014 including the defendant's costs of the hearing and submissions as to costs."]