Gray v Hobson (No 2) [2018] NSWCA 131

Dr Gray's offer of compromise was open for a reasonable period and a more favourable judgment was obtained, entitling him to indemnity costs after the offer; however, the offer did not extend to appeal costs, and no sufficient reason was established to depart from statutory defaults on interest or to apportion appeal costs.

Parties: Appellant: Dr Randolph Gray; Respondent: Brendan Hobson
Jurisdiction: Australia
Judgment Date: 18 June 2018
Procedural Posture: Appeal / Post Judgment Motions Regarding Costs
Outcome: Orders varying costs disposition; motions largely dismissed except as to indemnity costs.
Legal Topics: Costs, Offer of Compromise, Interest on Costs, Apportionment of Costs

Civil Procedure Costs Offer of Compromise Interest on Costs Apportionment of Costs

Case Brief

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Parties

Dr Randolph Gray

Appellant

Brendan Hobson

Respondent

Procedural Posture

Appeal / Post Judgment Motions Regarding Costs

Legal Issues

1 Whether costs should be payable on the indemnity basis after offer of compromise
2 Whether appeal costs should be indemnity costs given prior offer
3 Whether interest should be payable on costs

Ratio Decidendi

Court Disposition

Orders varying costs disposition; motions largely dismissed except as to indemnity costs.

Orders

Order that Mr Hobson pay Dr Gray's costs of the trial up to and including 1 November 2016 on the ordinary basis.
Order that Mr Hobson pay Dr Gray's costs of the trial from 2 November 2016 on the indemnity basis.