Hoban v Mathieson [No 2] [2002] NSWCA 232

Hoban v Mathieson [No 2] [2002] NSWCA 232

Despite the exceptional circumstance of an aborted trial, costs properly incurred should be paid by the plaintiff in accordance with the rule following rejection of a compromise, and restitution for overpaid judgment sum should be made with interest as indemnity.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 July 2002
Procedural Posture
Appeal / Post Judgment Orders
Outcome
Orders made
Legal Topics
['order for Costs After Offer of Compromise' 'restitution for Overpayment' 'interest Pursuant to Supreme Court Act' 'aborted Trial Costs']
['restitution' 'interest' 'costs'] ['order for Costs After Offer of Compromise' 'restitution for Overpayment' 'interest Pursuant to Supreme Court Act' 'aborted Trial Costs']

Source-derived case record

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Procedural Posture

Appeal / Post Judgment Orders

Legal Issues

  1. 1 ['Whether costs should follow the offer of compromise under DCR Pt 39A r 25 subr 6' 'Appropriate restitution and interest for overpayment made under former judgment' 'The treatment of costs arising from an aborted trial']

Ratio Decidendi

Despite the exceptional circumstance of an aborted trial, costs properly incurred should be paid by the plaintiff in accordance with the rule following rejection of a compromise, and restitution for overpaid judgment sum should be made with interest as indemnity.

Court Disposition

Orders made

Orders

  • ['Plaintiff to pay costs of the aborted trial.' 'Restitution for overpayment of $139,349.03 plus interest of $10,689.03 pursuant to s 94 of the Supreme Court Act for period from 17 October 2001 to 10 July 2002.' 'Liberty to apply to English DCJ for certificate under s 6A(1)(c) of Suitors Fund Act.' 'Short stay of...