Thomas v Shaw [No 2] [2009] NSWSC 718

Thomas v Shaw [No 2] [2009] NSWSC 718

The verdict awarded to the plaintiff was significantly more favourable than the offer of compromise. The amendments to particulars and expert evidence did not significantly change the plaintiff's claim. Accordingly, the defendants should pay the plaintiff's costs on an ordinary basis up to and including the date of the offer, and on an indemnity basis thereafter.

Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Civil / Post Judgment; Consequential Orders on Costs
Outcome
Application for indemnity costs granted in part
Legal Topics
['indemnity Costs' 'offer of Compromise' 'practice and Procedure']
['civil Procedure'] ['indemnity Costs' 'offer of Compromise' 'practice and Procedure']

Case Brief

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Procedural Posture

Civil / Post Judgment; Consequential Orders on Costs

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the plaintiff after an unaccepted offer of compromise resulted in a verdict more favourable to the plaintiff']

Ratio Decidendi

The verdict awarded to the plaintiff was significantly more favourable than the offer of compromise. The amendments to particulars and expert evidence did not significantly change the plaintiff's claim. Accordingly, the defendants should pay the plaintiff's costs on an ordinary basis up to and including the date of the offer, and on an indemnity basis thereafter.

Court Disposition

Application for indemnity costs granted in part

Orders

  • ['Order (2) of 26 June 2009 is vacated.' "Defendants to pay plaintiff's costs on an ordinary basis up to and including 24 November 2008." "Defendants to pay plaintiff's costs on an indemnity basis thereafter."]