CONNOR v HATGIS (NO 2) [1995] NSWCA 92

CONNOR v HATGIS (NO 2) [1995] NSWCA 92

There were no special circumstances justifying deviation from the prima facie entitlement to indemnity costs after the appellant's offer; the purpose of SCR Pt52 R17 is to encourage realistic compromise, and to apply otherwise would undermine the rule's objectives.

Parties
Appellant: Connor; Respondent: Hatgis
Jurisdiction
Australia
Judgment Date
07 December 1995
Procedural Posture
Appeal / Costs Determination Post Appeal
Outcome
Appellant awarded costs of trial on a party and party basis; costs of appeal on a party and party basis until and including 13 January 1995, and thereafter on an indemnity basis.
Legal Topics
Party and Party Costs, Indemnity Costs, Offer of Compromise, Appeal Procedure
Costs Party and Party Costs Indemnity Costs Offer of Compromise Appeal Procedure

Case Brief

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Parties

Connor

Appellant

Hatgis

Respondent

Procedural Posture

Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether appellant should be awarded indemnity costs following an offer of compromise
  2. 2 Whether special circumstances justify an order other than indemnity costs after the offer

Ratio Decidendi

There were no special circumstances justifying deviation from the prima facie entitlement to indemnity costs after the appellant's offer; the purpose of SCR Pt52 R17 is to encourage realistic compromise, and to apply otherwise would undermine the rule's objectives.

Court Disposition

Appellant awarded costs of trial on a party and party basis; costs of appeal on a party and party basis until and including 13 January 1995, and thereafter on an indemnity basis.

Orders

  • Respondent to pay appellant's costs of the trial on a party and party basis.
  • Respondent to pay appellant's costs of the appeal on a party and party basis until and including 13 January 1995 and thereafter on an indemnity basis.