Leda Pty. Limited v. Weerden & Anor. (No.2) [2007] NSWCA 283

Leda Pty. Limited v. Weerden & Anor. (No.2) [2007] NSWCA 283

Given the offers of compromise made by Mr. Weerden, both below and on appeal, and their rejection by the appellant, costs of the appeal should be assessed on an indemnity basis, and interest calculated using the method set out in Lahoud v. Lahoud and as prescribed by the Uniform Civil Procedure Rules.

Parties
Appellant: Leda Pty. Limited; Respondent/cross Appellant: John Weerden; Cross Respondent: Leisure Management Pty. Limited
Jurisdiction
Australia
Judgment Date
15 October 2007
Procedural Posture
Appeal / Post Judgment; Costs Order Determination
Outcome
Orders made as to costs and interest; appellant ordered to pay respondent's costs on an indemnity basis and interest on costs as calculated by the allowed percentage method.
Legal Topics
Costs, Offer of Compromise, Interest on Costs, Indemnity Costs
Civil Procedure Costs Offer of Compromise Interest on Costs Indemnity Costs

Case Brief

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Parties

Leda Pty. Limited

Appellant

John Weerden

Respondent/cross Appellant

Leisure Management Pty. Limited

Cross Respondent

Procedural Posture

Appeal / Post Judgment; Costs Order Determination

Legal Issues

  1. 1 Whether costs of the appeal should be assessed on an indemnity basis due to rejection of offers of compromise
  2. 2 Whether interest on costs and disbursements should be ordered and if so, how it should be calculated

Ratio Decidendi

Given the offers of compromise made by Mr. Weerden, both below and on appeal, and their rejection by the appellant, costs of the appeal should be assessed on an indemnity basis, and interest calculated using the method set out in Lahoud v. Lahoud and as prescribed by the Uniform Civil Procedure Rules.

Court Disposition

Orders made as to costs and interest; appellant ordered to pay respondent's costs on an indemnity basis and interest on costs as calculated by the allowed percentage method.

Orders

  • Costs of the appeal to be assessed on an indemnity basis.
  • Appellant to pay respondent interest on costs and disbursements at rates set out in Schedule 5 to the Uniform Civil Procedure Rules, on the 'Allowed Percentage' of each payment for or on account of costs and disbursements, from the date of payment until either costs due are paid or further order relating to interest...