Morris v Leaney (No 2) [2021] NSWDC 370

Morris v Leaney (No 2) [2021] NSWDC 370

The defendant's offer of compromise for judgment for the plaintiffs for $50,000 complied with UCPR r 20.26, including because the three weekday acceptance period immediately before trial was reasonable. The plaintiffs ultimately obtained only $1,000 in nominal damages, which was no more favourable than the offer. The plaintiffs identified no reason, and the court saw none, to order otherwise under UCPR r 42.15(2). Accordingly, the plaintiffs were to pay the defendant's costs on the ordinary basis up to and including 18 August 2020 and on the indemnity basis from 19 August 2020.

Jurisdiction
Australia
Judgment Date
05 August 2021
Procedural Posture
Civil Costs Decision / Determined on the Papers After Principal Judgment
Outcome
Costs ordered for the defendant, with indemnity costs from 19 August 2020.
Legal Topics
['offer of Compromise' 'ordinary Costs' 'indemnity Costs' 'nominal Damages']
['civil Procedure' 'costs'] ['offer of Compromise' 'ordinary Costs' 'indemnity Costs' 'nominal Damages']

Case Brief

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Procedural Posture

Civil Costs Decision / Determined on the Papers After Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant's offer of compromise conformed to UCPR r 20.26, including whether the time for acceptance was reasonable." "Whether UCPR r 42.15 applied because the plaintiffs obtained a judgment no more favourable than the defendant's offer." 'Whether the court should order otherwise under UCPR r 42.15(2) and decline indemnity costs.' 'The appropriate costs order where the plaintiffs obtained only nominal damages.']

Ratio Decidendi

The defendant's offer of compromise for judgment for the plaintiffs for $50,000 complied with UCPR r 20.26, including because the three weekday acceptance period immediately before trial was reasonable. The plaintiffs ultimately obtained only $1,000 in nominal damages, which was no more favourable than the offer. The plaintiffs identified no reason, and the court saw none, to order otherwise under UCPR r 42.15(2). Accordingly, the plaintiffs were to pay the defendant's costs on the ordinary basis up to and including 18 August 2020 and on the indemnity basis from 19 August 2020.

Court Disposition

Costs ordered for the defendant, with indemnity costs from 19 August 2020.

Orders

  • ["The plaintiffs are to pay the defendant's costs on an ordinary basis up to and including 18 August 2020 and on an indemnity basis from 19 August 2020."]