Adams v Kennedy & Ors [2001] NSWCA 7

Adams v Kennedy & Ors [2001] NSWCA 7

The appellant was entitled to solicitor and client costs in the District Court from the date of the pre-trial offer of compromise (30 April 1998) because the appeal judgment sum exceeded that offer; the appellant was not entitled to indemnity costs of the appeal as his judgment sum did not exceed the subsequent appellate offer.

Jurisdiction
Australia
Judgment Date
08 February 2001
Procedural Posture
Appeal / Costs Judgment Following Appeal Decision
Outcome
Orders as to costs after appeal decision.
Legal Topics
['costs' 'offers of Compromise']
['civil Procedure'] ['costs' 'offers of Compromise']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Judgment Following Appeal Decision

Legal Issues

  1. 1 ['Whether the appellant should be awarded indemnity (solicitor and client) costs following an offer of compromise.' 'Whether post-offer conduct and offers are relevant to costs orders in both trial and appeal.']

Ratio Decidendi

The appellant was entitled to solicitor and client costs in the District Court from the date of the pre-trial offer of compromise (30 April 1998) because the appeal judgment sum exceeded that offer; the appellant was not entitled to indemnity costs of the appeal as his judgment sum did not exceed the subsequent appellate offer.

Court Disposition

Orders as to costs after appeal decision.

Orders

  • ["The respondents are to pay the appellant's costs of the trial, and from 30 April 1998 those costs are to be solicitor and client costs." "The respondents are to pay the appellant's costs of the appeal."]