Lormine Pty Ltd & Anor v Xuereb (No 2) [2006] NSWCA 267

Lormine Pty Ltd & Anor v Xuereb (No 2) [2006] NSWCA 267

As the sum ultimately recovered by the plaintiff on appeal was less than the settlement offer, the costs order at trial should be varied to reflect ordinary (party and party) costs only, and not indemnity (solicitor and client) costs.

Jurisdiction
Australia
Judgment Date
28 September 2006
Procedural Posture
Costs Application Following Appeal / Post Appeal Application
Outcome
orders as to costs granted in favour of appellants; previous costs order varied
Legal Topics
['costs' 'offers of Settlement']
['civil Procedure'] ['costs' 'offers of Settlement']

Case Brief

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Procedural Posture

Costs Application Following Appeal / Post Appeal Application

Legal Issues

  1. 1 ['Whether costs ordered as between solicitor and client at trial should be varied to ordinary costs (party and party) basis after result on appeal']

Ratio Decidendi

As the sum ultimately recovered by the plaintiff on appeal was less than the settlement offer, the costs order at trial should be varied to reflect ordinary (party and party) costs only, and not indemnity (solicitor and client) costs.

Court Disposition

orders as to costs granted in favour of appellants; previous costs order varied

Orders

  • ["In lieu of the previous order for the trial costs the defendants are to pay the plaintiff's costs in the District Court on a party and party basis." "The appellants' costs of this application are to be paid by the respondent."]