Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister (No 2) [2015] NSWCA 163

Gold & Copper Resources Pty Limited v The Hon Chris Hartcher, Minister for Resources & Energy, Special Minister (No 2) [2015] NSWCA 163

The original notice of motion was filed within 14 days and clearly sought the substantive costs variation, so the Court's power under r 36.16(3A) was enlivened. The respondents' unaccepted offer of compromise was more favourable to the appellant than the orders ultimately made, and the offer was a genuine compromise made after written submissions and after substantial costs had been incurred. Under rr 42.15A and 51.48, and with no reason to order otherwise, the respondents were entitled to ordinary basis costs to 20 January 2015 and indemnity costs from 21 January 2015.

Jurisdiction
Australia
Judgment Date
16 June 2015
Procedural Posture
Costs Application to Vary Appeal Costs Order / Court of Appeal, on the Papers, After Principal Judgment
Outcome
Costs order varied; respondents' application granted.
Legal Topics
['application to Vary Order' 'offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'uniform Civil Procedure Rules']
['costs' 'civil Procedure'] ['application to Vary Order' 'offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'uniform Civil Procedure Rules']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application to Vary Appeal Costs Order / Court of Appeal, on the Papers, After Principal Judgment

Legal Issues

  1. 1 ["Whether order 2 of the Court's orders made on 19 March 2015 should be varied under UCPR r 36.16(3A)." 'Whether the respondents were entitled under UCPR rr 42.15A and 51.48 to costs on an ordinary basis up to and including 20 January 2015 and on an indemnity basis as and from 21 January 2015 following an unaccepted offer of compromise.']

Ratio Decidendi

The original notice of motion was filed within 14 days and clearly sought the substantive costs variation, so the Court's power under r 36.16(3A) was enlivened. The respondents' unaccepted offer of compromise was more favourable to the appellant than the orders ultimately made, and the offer was a genuine compromise made after written submissions and after substantial costs had been incurred. Under rr 42.15A and 51.48, and with no reason to order otherwise, the respondents were entitled to ordinary basis costs to 20 January 2015 and indemnity costs from 21 January 2015.

Court Disposition

Costs order varied; respondents' application granted.

Orders

  • ['Vacate order (2) made on 19 March 2015.' 'Insert in lieu thereof the following order: "(2) The appellant is to pay the respondents\' costs of the appeal on an ordinary basis up to and including 20 January 2015 and on an indemnity basis as and from 21 January 2015."']