Cook v City of Sydney (No 2) [2016] NSWSC 148

Cook v City of Sydney (No 2) [2016] NSWSC 148

The plaintiff's offer contained no element of compromise because it was an offer to settle the proceedings on the basis of the very relief the plaintiff sought by commencing the proceedings. Accordingly, no special costs order or indemnity costs order was warranted, although costs otherwise followed the event.

Jurisdiction
Australia
Judgment Date
04 March 2016
Procedural Posture
Costs Application Following Judicial Review Proceedings / Post Judgment Costs Determination on Written Submissions
Outcome
The plaintiff received an ordinary costs order against the first defendant; the application for a special indemnity costs order was refused.
Legal Topics
['offer of Compromise' 'calderbank Offer' 'genuine Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw) Rr 20.26 and 42.14']
['practice and Procedure' 'costs' 'judicial Review' 'workers Compensation'] ['offer of Compromise' 'calderbank Offer' 'genuine Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw) Rr 20.26 and 42.14']

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Procedural Posture

Costs Application Following Judicial Review Proceedings / Post Judgment Costs Determination on Written Submissions

Legal Issues

  1. 1 ["Whether the plaintiff's offer of compromise contained a genuine element of compromise." 'Whether the plaintiff obtained a judgment no less favourable than the offer so as to attract indemnity costs under r 42.14 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether a special costs order should be made requiring the first defendant to pay the plaintiff's costs on an indemnity basis from 23 June 2015."]

Ratio Decidendi

The plaintiff's offer contained no element of compromise because it was an offer to settle the proceedings on the basis of the very relief the plaintiff sought by commencing the proceedings. Accordingly, no special costs order or indemnity costs order was warranted, although costs otherwise followed the event.

Court Disposition

The plaintiff received an ordinary costs order against the first defendant; the application for a special indemnity costs order was refused.

Orders

  • ["The first defendant is to pay the plaintiff's costs of the proceedings, as agreed or assessed."]