Friend v Brien & Anor (No. 2) [2014] NSWSC 614

Friend v Brien & Anor (No. 2) [2014] NSWSC 614

The plaintiff's claim was dismissed and the defendants made a compliant offer of compromise under r 20.26 that was not bettered by the plaintiff. Rule 42.15A applies: the plaintiff is ordered to pay the defendants' costs up to the day after the offer on the ordinary basis, and thereafter on the indemnity basis. There is no sufficient reason shown to depart from the operation of r 42.15A; the conduct of the second defendant, the nature of family provision proceedings, or the quantum in issue did not warrant an otherwise order or costs capping.

Jurisdiction
Australia
Judgment Date
01 May 2014
Procedural Posture
Family Provision / Estate / Post Judgment (costs Determination)
Outcome
Plaintiff ordered to pay the defendants’ costs as specified.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'family Provision Claims']
['civil Procedure' 'equity' 'family Provision'] ['costs' 'offers of Compromise' 'indemnity Costs' 'family Provision Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision / Estate / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether Uniform Civil Procedure Rules r 42.15A applies to costs following an unaccepted offer of compromise' 'Whether an otherwise order or no order as to costs should be made in family provision cases' 'Whether the conduct of the second defendant regarding disclosure should affect the costs order' 'Whether a costs capping order is appropriate']

Ratio Decidendi

The plaintiff's claim was dismissed and the defendants made a compliant offer of compromise under r 20.26 that was not bettered by the plaintiff. Rule 42.15A applies: the plaintiff is ordered to pay the defendants' costs up to the day after the offer on the ordinary basis, and thereafter on the indemnity basis. There is no sufficient reason shown to depart from the operation of r 42.15A; the conduct of the second defendant, the nature of family provision proceedings, or the quantum in issue did not warrant an otherwise order or costs capping.

Court Disposition

Plaintiff ordered to pay the defendants’ costs as specified.

Orders

  • ["Plaintiff to pay the defendants' costs of the proceedings up to and including 7 November 2013 on the ordinary basis and thereafter on the indemnity basis."]