Prior v Brown (No 2) [2013] NSWCA 85

Prior v Brown (No 2) [2013] NSWCA 85

Because the respondent's offer of compromise conformed with r 20.26, the appeal was dismissed, and the respondent obtained a judgment more favourable to him than the terms of his offer, the requirements of r 42.15A were satisfied and no reason was shown to order otherwise; the respondent was therefore entitled to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Consequential Orders as to Costs Following Dismissal of Appeal / On the Papers
Outcome
Costs order made in favour of the respondent in addition to the earlier order dismissing the appeal.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'costs of Appeal']
['civil Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' 'costs of Appeal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Consequential Orders as to Costs Following Dismissal of Appeal / On the Papers

Legal Issues

  1. 1 ['Whether the respondent, after dismissal of the appeal, was entitled to costs on the ordinary basis up to and including 14 March 2012 and on the indemnity basis from 15 March 2012 by reason of an offer of compromise.' 'Whether the respondent obtained a judgment more favourable than the terms of his offer of compromise.']

Ratio Decidendi

Because the respondent's offer of compromise conformed with r 20.26, the appeal was dismissed, and the respondent obtained a judgment more favourable to him than the terms of his offer, the requirements of r 42.15A were satisfied and no reason was shown to order otherwise; the respondent was therefore entitled to ordinary costs up to and including 14 March 2012 and indemnity costs from 15 March 2012.

Court Disposition

Costs order made in favour of the respondent in addition to the earlier order dismissing the appeal.

Orders

  • ["The appellant is to pay the respondent's costs of the appeal, to be assessed up to and including 14 March 2012 on the ordinary basis." "The appellant is to pay the respondent's costs of the appeal, to be assessed on and from 15 March 2012 on the indemnity basis."]