Kayteal Pty Limited v John Joseph Dignan & ors (Costs) [2011] NSWSC 398

Kayteal Pty Limited v John Joseph Dignan & ors (Costs) [2011] NSWSC 398

The third defendant's offer of $200,000 plus costs was made before trial, was not accepted, and was significantly more favourable to the plaintiff than the result ultimately obtained; there was no reason to make an otherwise order, so UCPR r 42.15 required ordinary costs to the plaintiff up to 23 June 2010 and indemnity costs to the third defendant from 24 June 2010.

Jurisdiction
Australia
Judgment Date
24 March 2011
Procedural Posture
Consequential Orders; Costs / Ex Tempore Judgment After Principal Judgment
Outcome
Plaintiff ordered to pay the third defendant's costs from the time of the offer of settlement; third defendant ordered to pay plaintiff's costs up to and including 23 June 2010.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'proportionate Liability']
['civil Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' 'ordinary Basis Costs' 'proportionate Liability']

Case Brief

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Procedural Posture

Consequential Orders; Costs / Ex Tempore Judgment After Principal Judgment

Legal Issues

  1. 1 ['Whether the consequences under UCPR r 42.15 should apply where the third defendant made an offer of compromise that was not accepted and the plaintiff obtained a judgment less favourable than the offer.' 'Whether there was any reason to make an otherwise order for the purposes of UCPR r 42.15(2).']

Ratio Decidendi

The third defendant's offer of $200,000 plus costs was made before trial, was not accepted, and was significantly more favourable to the plaintiff than the result ultimately obtained; there was no reason to make an otherwise order, so UCPR r 42.15 required ordinary costs to the plaintiff up to 23 June 2010 and indemnity costs to the third defendant from 24 June 2010.

Court Disposition

Plaintiff ordered to pay the third defendant's costs from the time of the offer of settlement; third defendant ordered to pay plaintiff's costs up to and including 23 June 2010.

Orders

  • ["The third defendant pay the plaintiff's costs, assessed on the ordinary basis up to and including 23 June 2010." "The plaintiff pay the third defendant's costs, assessed on the indemnity basis, from 24 June 2010." 'The exhibits be returned at the expiration of 28 days, unless by then a notice of intention to...