Gold and Copper Resources Pty Limited v Hon Chris Hartcher MP, Minister for Resources and Energy, Special Minister (No 3) [2014] NSWLEC 138

Gold and Copper Resources Pty Limited v Hon Chris Hartcher MP, Minister for Resources and Energy, Special Minister (No 3) [2014] NSWLEC 138

Since the Respondents made a formal offer of compromise under r 22.26 of the Uniform Civil Procedure Rules 2005, which was not accepted by the Applicant, and the ultimate judgment was not less favourable to the Respondents, r 42.15A applies. No submissions were made by the Applicant to justify a different order; therefore, indemnity costs from 15 August 2013 are awarded.

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Judicial Review (class 8) / Application for Costs After Final Judgment
Outcome
Applicant to pay Respondents' costs as assessed: ordinary basis up to 15 August 2013, indemnity basis from 15 August 2013 onward.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Judicial Review (class 8) / Application for Costs After Final Judgment

Legal Issues

  1. 1 ['Whether the Respondents are entitled to costs on an indemnity basis from 15 August 2013 under r 42.15A of the Uniform Civil Procedure Rules 2005 following an offer of compromise.']

Ratio Decidendi

Since the Respondents made a formal offer of compromise under r 22.26 of the Uniform Civil Procedure Rules 2005, which was not accepted by the Applicant, and the ultimate judgment was not less favourable to the Respondents, r 42.15A applies. No submissions were made by the Applicant to justify a different order; therefore, indemnity costs from 15 August 2013 are awarded.

Court Disposition

Applicant to pay Respondents' costs as assessed: ordinary basis up to 15 August 2013, indemnity basis from 15 August 2013 onward.

Orders

  • ["The Applicant is to pay the Respondents' costs of the proceedings as assessed for the period up until 15 August 2013, on the ordinary basis." "The Applicant is to pay the Respondents' costs of the proceedings as assessed for the period from 15 August 2013, on an indemnity basis."]