Craigcare Group Pty Ltd v Superkite Pty Ltd (No 2) [2014] NSWSC 467

Craigcare Group Pty Ltd v Superkite Pty Ltd (No 2) [2014] NSWSC 467

The Offer of Compromise served by Craigcare Group Pty Ltd to Superkite Pty Ltd was compliant with UCPR rule 20.26 and constituted a genuine compromise by waiving pre-judgment interest. As Superkite failed to accept the offer and the judgment obtained was more favourable to Craigcare than the offer, Craigcare is entitled to costs on the ordinary basis up to 23 August 2013 and on the indemnity basis thereafter, except for the costs of the application to reconsider costs, for which each party should bear its own costs.

Parties
Plaintiff: Craigcare Group Pty Ltd; First Defendant: Superkite Pty Ltd; Second Defendant: Alfred John Stammers
Jurisdiction
Australia
Judgment Date
28 April 2014
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Plaintiff’s offer compliant with rules; costs ordered as specified.
Legal Topics
Costs, Offer of Compromise, Indemnity Costs, Pre Judgment Interest
Civil Procedure Costs Offer of Compromise Indemnity Costs Pre Judgment Interest

Case Brief

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Parties

Craigcare Group Pty Ltd

Plaintiff

Superkite Pty Ltd

First Defendant

Alfred John Stammers

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the Offer of Compromise served by Craigcare Group Pty Ltd was compliant with UCPR rule 20.26.
  2. 2 Whether the offer was a genuine compromise.
  3. 3 Whether costs should be awarded on an indemnity basis from the date of the offer.

Ratio Decidendi

The Offer of Compromise served by Craigcare Group Pty Ltd to Superkite Pty Ltd was compliant with UCPR rule 20.26 and constituted a genuine compromise by waiving pre-judgment interest. As Superkite failed to accept the offer and the judgment obtained was more favourable to Craigcare than the offer, Craigcare is entitled to costs on the ordinary basis up to 23 August 2013 and on the indemnity basis thereafter, except for the costs of the application to reconsider costs, for which each party should bear its own costs.

Court Disposition

Plaintiff’s offer compliant with rules; costs ordered as specified.

Orders

  • Craigcare Group Pty Ltd to deliver to Chambers, within 7 days, Short Minutes of Order reflecting the amount of the judgment, with interest calculated up to the date of the Orders, and the costs order referred to in Paragraph 90 of the reasons.
  • Superkite Pty Ltd to pay Craigcare Group Pty Ltd's costs calculated on the ordinary basis up to and including 23 August 2013, and on the indemnity basis thereafter, except for the costs of the application to reconsider the costs question, for which each party shall bear its own costs.