Jay & Anor v Petrikas & Ors (No.5) [2023] NSWDC 7

Jay & Anor v Petrikas & Ors (No.5) [2023] NSWDC 7

The defendants' offer of compromise was compliant with r 20.26 and represented a genuine attempt to resolve the proceeding. As the plaintiffs' rejection of the offer resulted in a judgment for the defendants no less favourable than the offer, the defendants are entitled to indemnity costs from the day after non-acceptance pursuant to r 42.15A. The plaintiffs' grounds for seeking an order otherwise were not persuasive.

Jurisdiction
Australia
Judgment Date
30 January 2023
Procedural Posture
Civil / Costs Determination Post Judgment
Outcome
Plaintiffs are to pay the defendants' costs as specified: up to and including 26 November 2020 on the ordinary basis; from 27 November 2020 on an indemnity basis.
Legal Topics
['indemnity Costs' 'non Acceptance of Rules Offer' 'calderbank Offers' 'uniform Civil Procedure Rules 2005 (nsw) R 42.15 A' 'offers of Compromise']
['costs'] ['indemnity Costs' 'non Acceptance of Rules Offer' 'calderbank Offers' 'uniform Civil Procedure Rules 2005 (nsw) R 42.15 A' 'offers of Compromise']

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Procedural Posture

Civil / Costs Determination Post Judgment

Legal Issues

  1. 1 ["Whether the defendants' rules offer complied with r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW)" "Whether the Court should 'otherwise order' rather than applying r 42.15A regarding indemnity costs" 'Whether the offers made represented genuine attempts to resolve the proceeding' "Whether the plaintiffs' reasons for non-acceptance were reasonable"]

Ratio Decidendi

The defendants' offer of compromise was compliant with r 20.26 and represented a genuine attempt to resolve the proceeding. As the plaintiffs' rejection of the offer resulted in a judgment for the defendants no less favourable than the offer, the defendants are entitled to indemnity costs from the day after non-acceptance pursuant to r 42.15A. The plaintiffs' grounds for seeking an order otherwise were not persuasive.

Court Disposition

Plaintiffs are to pay the defendants' costs as specified: up to and including 26 November 2020 on the ordinary basis; from 27 November 2020 on an indemnity basis.

Orders

  • ["The plaintiffs are to pay the defendants' costs of the proceeding up to and including 26 November 2020 on the ordinary basis." "The plaintiffs are to pay the defendants' costs from 27 November 2020 on an indemnity basis."]