Jovanovski v Billbergia Pty Ltd (No 2) [2010] NSWSC 617

Jovanovski v Billbergia Pty Ltd (No 2) [2010] NSWSC 617

Because the Defendant's case materially changed after the offer of compromise, particularly regarding admissions relevant to duty and breach, and the Plaintiff succeeded on issues which, at the time of the offer, were principal grounds of dispute, it was not appropriate to order indemnity costs under r 42.15A(2)(b); the usual costs order should remain.

Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Notice of Motion (costs) in Civil Proceedings / Post Judgment Consequential Orders (costs Determination)
Outcome
Defendant's Notice of Motion dismissed. Defendant to pay Plaintiff's costs of the Notice of Motion.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs' 'discretion to Order Otherwise']
['civil Procedure'] ['costs' 'offer of Compromise' 'indemnity Costs' 'discretion to Order Otherwise']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion (costs) in Civil Proceedings / Post Judgment Consequential Orders (costs Determination)

Legal Issues

  1. 1 ['Whether the defendant is entitled to indemnity costs from the offer of compromise under r 42.15A Uniform Civil Procedure Rules' "Whether the court's discretion should be exercised to 'order otherwise' due to significant change in the defendant's case between the offer and hearing"]

Ratio Decidendi

Because the Defendant's case materially changed after the offer of compromise, particularly regarding admissions relevant to duty and breach, and the Plaintiff succeeded on issues which, at the time of the offer, were principal grounds of dispute, it was not appropriate to order indemnity costs under r 42.15A(2)(b); the usual costs order should remain.

Court Disposition

Defendant's Notice of Motion dismissed. Defendant to pay Plaintiff's costs of the Notice of Motion.

Orders

  • ["The Defendant's Notice of Motion is dismissed." "The Defendant is to pay the Plaintiff's costs of the Notice of Motion."]