Walker v Government Service of New South Wales State Transit Authority Division [2018] NSWSC 30

Walker v Government Service of New South Wales State Transit Authority Division [2018] NSWSC 30

The defendants' offer to compromise was genuine, reasonable and generous, and the plaintiff's failure to accept it was clearly unreasonable because the result of the proceedings was considerably less advantageous to him than the offer. The defendants were therefore entitled to ordinary basis costs up to and including 27 March 2017 and indemnity basis costs thereafter. A specified gross sum order was appropriate to avoid the expense and delay of contested costs assessment, and, allowing for the defendants' uncontested costs evidence and an appropriate discount, the proper gross sum was $18,500.

Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Costs / Defendants' Notice of Motion for Specified Gross Sum Costs and Indemnity Costs Determined on the Papers After Dismissal of the Proceedings
Outcome
The plaintiff was ordered to pay the defendants' costs in a specified gross sum of $18,500.
Legal Topics
['party/party Costs' 'ordinary Basis Costs' 'indemnity Basis Costs' 'specified Gross Sum Costs Orders' 'offers of Compromise' 'calderbank Offers']
['civil Procedure' 'costs'] ['party/party Costs' 'ordinary Basis Costs' 'indemnity Basis Costs' 'specified Gross Sum Costs Orders' 'offers of Compromise' 'calderbank Offers']

Case Brief

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Procedural Posture

Costs / Defendants' Notice of Motion for Specified Gross Sum Costs and Indemnity Costs Determined on the Papers After Dismissal of the Proceedings

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs on an ordinary basis up to and including 27 March 2017 and on an indemnity basis thereafter because he did not accept the defendants' offer to compromise." 'Whether a specified gross sum costs order should be made under s 98(4) of the Civil Procedure Act 2005 (NSW).' "What gross sum should be ordered for the defendants' costs."]

Ratio Decidendi

The defendants' offer to compromise was genuine, reasonable and generous, and the plaintiff's failure to accept it was clearly unreasonable because the result of the proceedings was considerably less advantageous to him than the offer. The defendants were therefore entitled to ordinary basis costs up to and including 27 March 2017 and indemnity basis costs thereafter. A specified gross sum order was appropriate to avoid the expense and delay of contested costs assessment, and, allowing for the defendants' uncontested costs evidence and an appropriate discount, the proper gross sum was $18,500.

Court Disposition

The plaintiff was ordered to pay the defendants' costs in a specified gross sum of $18,500.

Orders

  • ["Order the plaintiff to pay the defendants' costs in a specified gross sum of $18,500."]