Liu v Cooper (No 2) [2018] NSWSC 262

Liu v Cooper (No 2) [2018] NSWSC 262

The 30 August 2016 offer involved a genuine element of compromise because Mr Cooper would have forgone monies to which he was entitled under the Local Court orders, and it was unreasonable for Mr Liu not to accept it because it was made when the issues were clear and his prospects could be fully assessed; indemnity costs from 30 August 2016 were therefore appropriate.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Civil Appeal From a Decision of the Local Court; Costs Application / On the Papers Application for Indemnity Costs After Dismissal of Mr Liu's Summons
Outcome
Application for indemnity costs granted in part; Mr Liu ordered to pay ordinary costs to 29 August 2016 and indemnity costs from 30 August 2016, plus ordinary costs of the application.
Legal Topics
['appeal From Local Court' 'indemnity Costs' 'calderbank Offers' 'offer of Compromise' 'unreasonable Refusal of Settlement Offer']
['common Law' 'civil Procedure' 'costs'] ['appeal From Local Court' 'indemnity Costs' 'calderbank Offers' 'offer of Compromise' 'unreasonable Refusal of Settlement Offer']

Case Brief

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Procedural Posture

Civil Appeal From a Decision of the Local Court; Costs Application / On the Papers Application for Indemnity Costs After Dismissal of Mr Liu's Summons

Legal Issues

  1. 1 ['Whether Mr Cooper should receive indemnity costs after Mr Liu failed to accept settlement offers and obtained a less favourable outcome.' 'Whether the relevant offer involved a genuine element of compromise.' 'Whether it was unreasonable for Mr Liu not to accept the offer.']

Ratio Decidendi

The 30 August 2016 offer involved a genuine element of compromise because Mr Cooper would have forgone monies to which he was entitled under the Local Court orders, and it was unreasonable for Mr Liu not to accept it because it was made when the issues were clear and his prospects could be fully assessed; indemnity costs from 30 August 2016 were therefore appropriate.

Court Disposition

Application for indemnity costs granted in part; Mr Liu ordered to pay ordinary costs to 29 August 2016 and indemnity costs from 30 August 2016, plus ordinary costs of the application.

Orders

  • ["Mr Liu is to pay Mr Cooper's costs of the proceedings, on an ordinary basis, to 29 August 2016, and on an indemnity basis from 30 August 2016." "Mr Liu is to pay Mr Cooper's costs with respect to this application on an ordinary basis."]