Pawlowska v Zajglic (Costs) [2010] NSWSC 1276

Pawlowska v Zajglic (Costs) [2010] NSWSC 1276

Because the defendant made an offer of compromise that was more favorable than the outcome obtained, and the plaintiff did not accept it, the defendant is entitled to have the costs payable by the plaintiff assessed on an indemnity basis from 18 February 2010, pursuant to UCPR r 42.15A.

Jurisdiction
Australia
Judgment Date
27 September 2010
Procedural Posture
Costs Application / Post Judgment
Outcome
Defendant's costs payable by the plaintiff be assessed on an indemnity basis from 18 February 2010.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise']
['procedure'] ['costs' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 ['Whether the defendant is entitled to indemnity costs from 18 February 2010 after making an offer of compromise which was not accepted and subsequently obtaining a more favourable outcome.']

Ratio Decidendi

Because the defendant made an offer of compromise that was more favorable than the outcome obtained, and the plaintiff did not accept it, the defendant is entitled to have the costs payable by the plaintiff assessed on an indemnity basis from 18 February 2010, pursuant to UCPR r 42.15A.

Court Disposition

Defendant's costs payable by the plaintiff be assessed on an indemnity basis from 18 February 2010.

Orders

  • ["The defendant's costs payable by the plaintiff pursuant to the order made by Ball J on 6 August 2010 be assessed on an indemnity basis from 18 February 2010."]