HARDING v BOURKE (NO 2) [2000] NSWCA 373

HARDING v BOURKE (NO 2) [2000] NSWCA 373

The prior costs order should remain because the respondent's offer of compromise was not fully aligned with the ultimate orders and substantial questions of law required resolution by the Court; the discretion as to costs is not displaced by the offer in these circumstances. The appellant's belated application to vary costs fails on both procedural and substantive grounds. A Suitors Fund certificate should be granted to the respondent, pending the outcome of the remitted motion.

Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Civil Appeal / Post Judgment (costs Application)
Outcome
Costs order of 23 March 2000 stands; respondent granted a Suitors Fund certificate.
Legal Topics
['costs' 'offer of Compromise' 'appeals']
['civil Procedure'] ['costs' 'offer of Compromise' 'appeals']

Case Brief

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Procedural Posture

Civil Appeal / Post Judgment (costs Application)

Legal Issues

  1. 1 ["Whether the appellant should pay the respondent's costs of the appeal due to the rejection of an offer of compromise made under Pt 22 of the Supreme Court Rules" 'Whether costs order made on 23 March 2000 should be varied in light of the offer of compromise' 'Whether a certificate under the Suitors Fund Act 1951 should be granted']

Ratio Decidendi

The prior costs order should remain because the respondent's offer of compromise was not fully aligned with the ultimate orders and substantial questions of law required resolution by the Court; the discretion as to costs is not displaced by the offer in these circumstances. The appellant's belated application to vary costs fails on both procedural and substantive grounds. A Suitors Fund certificate should be granted to the respondent, pending the outcome of the remitted motion.

Court Disposition

Costs order of 23 March 2000 stands; respondent granted a Suitors Fund certificate.

Orders

  • ['Costs of the appeal are to be treated as costs in the remitted motion.' "Appellant's application to vary the costs order is rejected." 'Respondent is granted a Suitors Fund certificate.']