Collins v Clarence Valley Council (No 4) [2013] NSWSC 1735

Collins v Clarence Valley Council (No 4) [2013] NSWSC 1735

The defendant's offer complied with UCPR r 20.26(2) and, in the circumstances, represented a genuine compromise. No compelling reason was shown to exercise the court’s discretion to order otherwise under UCPR r 42.15A(2). Thus, the defendant was entitled to costs on the ordinary basis up to and including 15 August 2012, and on the indemnity basis from 16 August 2012.

Jurisdiction
Australia
Judgment Date
27 November 2013
Procedural Posture
Costs Determination Following Judgment / Post Trial (costs Orders)
Outcome
Plaintiff to pay defendant’s costs as specified
Legal Topics
['offer of Compromise' 'compliance With Uniform Civil Procedure Rules' 'costs Assessment' 'indemnity Costs']
['costs'] ['offer of Compromise' 'compliance With Uniform Civil Procedure Rules' 'costs Assessment' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Determination Following Judgment / Post Trial (costs Orders)

Legal Issues

  1. 1 ['Whether the defendant’s offer of compromise entitled it to indemnity costs from 16 August 2012 under UCPR r 42.15A' 'Whether the plaintiff’s refusal of the offer justified a different costs order']

Ratio Decidendi

The defendant's offer complied with UCPR r 20.26(2) and, in the circumstances, represented a genuine compromise. No compelling reason was shown to exercise the court’s discretion to order otherwise under UCPR r 42.15A(2). Thus, the defendant was entitled to costs on the ordinary basis up to and including 15 August 2012, and on the indemnity basis from 16 August 2012.

Court Disposition

Plaintiff to pay defendant’s costs as specified

Orders

  • ["The Plaintiff pay the Defendant's costs of the proceedings on the ordinary basis up to and including 15 August 2012." "The Plaintiff pay the Defendant's costs of the proceedings on an indemnity basis from 16 August 2012."]