Wilson v CMS Morgen Ltd & anor (No 2) [2008] NSWDC 51

Wilson v CMS Morgen Ltd & anor (No 2) [2008] NSWDC 51

The plaintiff is entitled to indemnity costs from the date of an offer of compromise, as the defendants' defences were based on a patently false premise concerning pre-existing conditions and were entirely without merit.

Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Civil / Post Judgment, Costs Determination
Outcome
judgment for plaintiff
Legal Topics
['costs' 'liability for Personal Injury' 'indemnity Costs' 'offer of Compromise']
['tort'] ['costs' 'liability for Personal Injury' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Civil / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Entitlement to indemnity costs' 'Adjustment of damages calculated' 'Liability for injury caused by falling gyprock panel']

Ratio Decidendi

The plaintiff is entitled to indemnity costs from the date of an offer of compromise, as the defendants' defences were based on a patently false premise concerning pre-existing conditions and were entirely without merit.

Court Disposition

judgment for plaintiff

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $222,307.40.' "Defendants to pay plaintiff's costs in respect of liability on an ordinary basis up to and including the date of filing of their defences and on an indemnity basis thereafter." "Defendants to pay plaintiff's costs on quantum on an ordinary basis...