Hart v Veloce Expresso Pty Ltd (t/as Azucar Café) (No.2) [2019] NSWDC 447

Hart v Veloce Expresso Pty Ltd (t/as Azucar Café) (No.2) [2019] NSWDC 447

The offer of compromise made by the first defendant was genuine, made for a reasonable period, and in compliance with rule 20.26 of the UCPR. The plaintiff failed to show any real basis for the Court to depart from the usual costs consequences set out in rule 42.15; therefore, the first defendant was entitled to costs on an ordinary basis up to 13 February 2019 and on an indemnity basis thereafter.

Parties
Plaintiff: Julie Hart; First Defendant: Veloce Expresso Pty Ltd (t/as Azucar Café); Second Defendant: Assetlink Services Pty Ltd
Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Civil / Post Judgment; Costs Application
Outcome
Plaintiff to pay the first defendant's costs of the District Court proceedings on an ordinary basis between the commencement of proceedings and 13 February 2019 and on an indemnity basis thereafter.
Legal Topics
Costs, Indemnity Costs, Party/party Costs, Offer of Compromise
Civil Procedure Costs Indemnity Costs Party/party Costs Offer of Compromise

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Parties

Julie Hart

Plaintiff

Veloce Expresso Pty Ltd (t/as Azucar Café)

First Defendant

Assetlink Services Pty Ltd

Second Defendant

Procedural Posture

Civil / Post Judgment; Costs Application

Legal Issues

  1. 1 Whether an order for indemnity costs should be made in favour of the first defendant from 13 February 2019 onward pursuant to an unaccepted offer of compromise under the Uniform Civil Procedure Rules 2005 (NSW).

Ratio Decidendi

The offer of compromise made by the first defendant was genuine, made for a reasonable period, and in compliance with rule 20.26 of the UCPR. The plaintiff failed to show any real basis for the Court to depart from the usual costs consequences set out in rule 42.15; therefore, the first defendant was entitled to costs on an ordinary basis up to 13 February 2019 and on an indemnity basis thereafter.

Court Disposition

Plaintiff to pay the first defendant's costs of the District Court proceedings on an ordinary basis between the commencement of proceedings and 13 February 2019 and on an indemnity basis thereafter.

Orders

  • Order 2 made on 14 June 2019 is amended to read: 'The plaintiff is to pay the first defendant's costs of the District Court proceedings on an ordinary basis between the commencement of the proceedings and 13 February 2019 and then on an indemnity basis thereafter.'