Kain v Mobbs (No 2) [2008] NSWSC 599

The third and fourth defendants' offer was not a genuine offer of compromise as it did not involve any realistic element of compromise, instead merely inviting the plaintiff to capitulate. Therefore, it was reasonable for the plaintiff not to accept the offer, and indemnity costs should not be awarded.

Parties: Plaintiff: Cosmo Joel Kain by his tutor Shirlee Kain; First Defendant: Janette Mobbs; Second Defendant: Nicholas Heath Mobbs; Third Defendant: Surfside Bus Lines Pty Ltd; Fourth Defendant: Roland Lutz
Jurisdiction: Australia
Judgment Date: 18 June 2008
Procedural Posture: Costs Application / Post Judgment Costs
Outcome: Application for indemnity costs refused
Legal Topics: Costs, Indemnity Costs, Offer of Compromise

Civil Procedure Costs Indemnity Costs Offer of Compromise

Case Brief

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Parties

Cosmo Joel Kain by his tutor Shirlee Kain

Plaintiff

Janette Mobbs

First Defendant

Nicholas Heath Mobbs

Second Defendant

Surfside Bus Lines Pty Ltd

Third Defendant

Roland Lutz

Fourth Defendant

Procedural Posture

Costs Application / Post Judgment Costs

Legal Issues

1 Whether the third and fourth defendants' offer of compromise was a genuine offer of compromise and entitled them to indemnity costs; whether it was reasonable for the plaintiff not to accept the offer

Ratio Decidendi

Court Disposition

Application for indemnity costs refused

Orders

Third and fourth defendants' application for indemnity costs refused
General liberty to apply on seven days' notice granted to all parties regarding the costs of this application