CSR LIMITED v ELLIOTT; GEORGE WARD PTY LIMITED v UBERO PTY LIMITED [NO 2] [1995] NSWCA 110

CSR LIMITED v ELLIOTT; GEORGE WARD PTY LIMITED v UBERO PTY LIMITED [NO 2] [1995] NSWCA 110

CSR should pay Mrs Elliott's costs of the appeal, but as the offer of compromise did not explicitly address the workers compensation deduction, indemnity costs were not warranted.

Parties
Appellant: CSR Limited; Appellant: George Ward Pty Limited; Respondent: Mrs R E Elliott; Respondent: Ubero Pty Ltd
Jurisdiction
Australia
Judgment Date
21 March 1995
Procedural Posture
Appeal and Cross Appeal / Application for Costs After Judgment
Outcome
CSR ordered to pay Mrs Elliott's costs of the appeal. No indemnity costs ordered. No order as to costs between CSR and Ubero.
Legal Topics
Costs, Offers of Compromise, Indemnity Costs
Civil Procedure Costs Offers of Compromise Indemnity Costs

Case Brief

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Parties

CSR Limited

Appellant

George Ward Pty Limited

Appellant

Mrs R E Elliott

Respondent

Ubero Pty Ltd

Respondent

Procedural Posture

Appeal and Cross Appeal / Application for Costs After Judgment

Legal Issues

  1. 1 Which party should pay Mrs Elliott's costs of the appeal
  2. 2 Whether costs should be paid on an indemnity basis due to an offer of compromise

Ratio Decidendi

CSR should pay Mrs Elliott's costs of the appeal, but as the offer of compromise did not explicitly address the workers compensation deduction, indemnity costs were not warranted.

Court Disposition

CSR ordered to pay Mrs Elliott's costs of the appeal. No indemnity costs ordered. No order as to costs between CSR and Ubero.

Orders

  • CSR to pay Mrs Elliott's costs of the appeal.
  • No order as to the costs of CSR against Ubero or Ubero against CSR of the appeal.