Doble Express Transport Pty Ltd (Administrator Appointed) v John L Pierce Pty Ltd (No 2) [2017] NSWCA 45

Doble Express Transport Pty Ltd (Administrator Appointed) v John L Pierce Pty Ltd (No 2) [2017] NSWCA 45

Pierce was not entitled to indemnity costs against Doble because Doble did not have the reasonable period contemplated by the rules to consider the offer of compromise in light of the Notice of Contention and submissions; the Court exercised discretion otherwise under UCPR r 42.15A.

Jurisdiction
Australia
Judgment Date
15 March 2017
Procedural Posture
Costs Application Appeal / Court of Appeal Post Judgment Motion
Outcome
Notice of Motion dismissed, respondent to pay appellant's costs of the motion.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'offer of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application Appeal / Court of Appeal Post Judgment Motion

Legal Issues

  1. 1 ['Whether the respondent is entitled to indemnity costs pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 42.15A after appellant failed to accept an offer of compromise.' 'Whether the appellant had sufficient time and information to assess the reasonableness of the offer of compromise.']

Ratio Decidendi

Pierce was not entitled to indemnity costs against Doble because Doble did not have the reasonable period contemplated by the rules to consider the offer of compromise in light of the Notice of Contention and submissions; the Court exercised discretion otherwise under UCPR r 42.15A.

Court Disposition

Notice of Motion dismissed, respondent to pay appellant's costs of the motion.

Orders

  • ['Dismiss the Notice of Motion filed by the respondent (Pierce) on 22 December 2016.' 'Pierce pay the costs of the appellant (Doble) of the Motion.']