Jurisich v Ralston (No 2) [2016] NSWDC 197

Jurisich v Ralston (No 2) [2016] NSWDC 197

Both offers constituted genuine compromises and, applying the usual rule, entitle the plaintiff to costs on an indemnity basis. However, due to amendment of claim after the first offer, indemnity basis should apply only from 1 July 2014.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Civil / Costs Order Following Judgment
Outcome
Defendants to pay plaintiff's costs, assessed on an indemnity basis from 1 July 2014.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'offer of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Costs Order Following Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be entitled to indemnity costs by reason of offers of compromise made under the Uniform Civil Procedure Rules 2005' 'Whether the offers of compromise constituted genuine compromises' 'Appropriate date for commencement of indemnity costs']

Ratio Decidendi

Both offers constituted genuine compromises and, applying the usual rule, entitle the plaintiff to costs on an indemnity basis. However, due to amendment of claim after the first offer, indemnity basis should apply only from 1 July 2014.

Court Disposition

Defendants to pay plaintiff's costs, assessed on an indemnity basis from 1 July 2014.

Orders

  • ["Defendants pay the plaintiff's costs of the proceedings, those costs to be assessed on an indemnity basis on and from 1 July 2014."]