Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131

Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131

Mr Marinchek did not maintain proceedings with no real prospects of success, nor act unreasonably in rejecting an offer of compromise for less than the amount ultimately recovered. Therefore, indemnity costs are not justified, and ordinary costs will be awarded per the general rule.

Jurisdiction
Australia
Judgment Date
21 May 2013
Procedural Posture
Appeal / Costs Determination Post Appeal
Outcome
Indemnity costs application rejected. Costs awarded on an ordinary basis as specified.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise']
['civil Procedure'] ['costs' 'indemnity Costs' 'offers of Compromise']

Case Brief

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Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 ["Whether the respondent's conduct in maintaining a cross-claim and rejecting an offer of compromise was 'plainly unreasonable' or involved 'delinquency' warranting indemnity costs"]

Ratio Decidendi

Mr Marinchek did not maintain proceedings with no real prospects of success, nor act unreasonably in rejecting an offer of compromise for less than the amount ultimately recovered. Therefore, indemnity costs are not justified, and ordinary costs will be awarded per the general rule.

Court Disposition

Indemnity costs application rejected. Costs awarded on an ordinary basis as specified.

Orders

  • ["The appellant pay the respondent's costs of the trial before Hughes DCJ in so far as they relate to the part of the respondent's cross-claim for defects that succeeded before Olsson DCJ." "The respondent pay the appellant's costs of the trial before Hughes DCJ in relation to the remaining issues raised by the...