Howard Smith & Patrick Travel Pty Ltd v Comcare (No 2) [2014] NSWCA 252

Howard Smith & Patrick Travel Pty Ltd v Comcare (No 2) [2014] NSWCA 252

Comcare's offer was a valid offer of compromise under UCPR r 51.47; the dismissal of the appeal meant Comcare obtained a judgment no less favourable than the offer; and the appellant's objections disclosed no basis for departing from UCPR r 42.14, so the costs order should be varied to provide for indemnity costs after 3 October 2013.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Costs Application in Appeal / Notice of Motion Seeking Variation of Costs Order After Dismissal of Appeal
Outcome
Order varied
Legal Topics
['offer of Compromise' 'indemnity Costs' 'variation of Costs Order' 'uniform Civil Procedure Rules 2005 (nsw), Rr 42.14, 51.47']
['practice and Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' 'variation of Costs Order' 'uniform Civil Procedure Rules 2005 (nsw), Rr 42.14, 51.47']

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Procedural Posture

Costs Application in Appeal / Notice of Motion Seeking Variation of Costs Order After Dismissal of Appeal

Legal Issues

  1. 1 ["Whether Comcare's offer of compromise was a valid offer for the purposes of UCPR r 51.47." 'Whether Comcare obtained a judgment in the Court no less favourable to it than the terms of its offer.' 'Whether there was any reason to order otherwise than indemnity costs under UCPR r 42.14 from the day following the offer.']

Ratio Decidendi

Comcare's offer was a valid offer of compromise under UCPR r 51.47; the dismissal of the appeal meant Comcare obtained a judgment no less favourable than the offer; and the appellant's objections disclosed no basis for departing from UCPR r 42.14, so the costs order should be varied to provide for indemnity costs after 3 October 2013.

Court Disposition

Order varied

Orders

  • ["Vary order (2) made on 3 July 2014 so that it now reads: (2) Order the appellant to pay the respondent's costs of the appeal, to be assessed - (a) up to and including 3 October 2013, on the ordinary basis, and (b) thereafter, on the indemnity basis."]