Dargan v United Super Pty Ltd (No 2) [2011] NSWSC 1527

Dargan v United Super Pty Ltd (No 2) [2011] NSWSC 1527

It was reasonable for the defendants to reject the plaintiff's offer of compromise given the small margin between the offer and ultimate result, uncertainty regarding payment and income tax, and interpretation issues regarding the offer terms; the plaintiff is not entitled to indemnity costs under Pt 42 r 42.14.

Jurisdiction
Australia
Judgment Date
08 November 2011
Procedural Posture
Civil / Post Judgment (costs Determination)
Outcome
Defendants to pay plaintiff's costs on the ordinary basis.
Legal Topics
['costs' 'offers of Compromise' 'application of Uniform Civil Procedure Rules Pt 42 R 42.14']
['civil Procedure'] ['costs' 'offers of Compromise' 'application of Uniform Civil Procedure Rules Pt 42 R 42.14']

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Procedural Posture

Civil / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to costs on an indemnity basis under Uniform Civil Procedure Rules Pt 42 r 42.14 based on an offer of compromise' "Whether the rejection of the plaintiff's offer of compromise was reasonable" 'Interpretation of terms of the offer of compromise']

Ratio Decidendi

It was reasonable for the defendants to reject the plaintiff's offer of compromise given the small margin between the offer and ultimate result, uncertainty regarding payment and income tax, and interpretation issues regarding the offer terms; the plaintiff is not entitled to indemnity costs under Pt 42 r 42.14.

Court Disposition

Defendants to pay plaintiff's costs on the ordinary basis.

Orders

  • ["Defendants to pay plaintiff's costs on the ordinary basis."]