Edmund James Bateman v Face Accountants Pty Limited [2010] NSWSC 1448

Edmund James Bateman v Face Accountants Pty Limited [2010] NSWSC 1448

Plaintiff to pay 75 per cent of defendants' costs, assessed on the ordinary basis up until the date of the second offer of compromise (2 June 2010), and on the indemnity basis thereafter, because the plaintiff fared worse than the genuine compromise offer and defendants admitted misleading/negligent conduct only late in proceedings.

Jurisdiction
Australia
Judgment Date
14 December 2010
Procedural Posture
Commercial Equity Proceedings / Post Judgment Costs Determination
Outcome
Plaintiff ordered to pay 75 per cent of defendants' costs, with cost bases varying according to dates.
Legal Topics
['costs' 'offers of Compromise' 'negligence' 'misleading or Deceptive Conduct']
['civil Procedure' 'torts'] ['costs' 'offers of Compromise' 'negligence' 'misleading or Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial Equity Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity or ordinary basis following offers of compromise' 'Appropriate adjustment of costs where defendants made a late admission of misleading or negligent conduct' 'Whether defendants’ conduct caused plaintiff’s loss']

Ratio Decidendi

Plaintiff to pay 75 per cent of defendants' costs, assessed on the ordinary basis up until the date of the second offer of compromise (2 June 2010), and on the indemnity basis thereafter, because the plaintiff fared worse than the genuine compromise offer and defendants admitted misleading/negligent conduct only late in proceedings.

Court Disposition

Plaintiff ordered to pay 75 per cent of defendants' costs, with cost bases varying according to dates.

Orders

  • ['Plaintiff to pay 75 per cent of the defendants’ costs, assessed on the ordinary basis until 2 June 2010 and on the indemnity basis thereafter.' "Costs thrown away by plaintiff's amendment during hearing to be borne on the ordinary basis."]