Sheather v Country Energy (No.2) [2007] NSWCA 280

Sheather v Country Energy (No.2) [2007] NSWCA 280

Mr. Sheather is entitled to indemnity costs for the proceedings as from 1 May 2004 due to the unaccepted offer of compromise, but not for the costs of the appeal, as no offer was made in relation to the appeal and it was not unreasonable for Country Energy to oppose it.

Parties
Appellant: Louis Sheather; Respondent: Country Energy
Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Appeal / Post Judgment; Costs Determination
Outcome
Additional order made for indemnity costs for proceedings (not appeal) as from 1 May 2004.
Legal Topics
Costs, Offer of Compromise, Indemnity Costs
Civil Procedure Costs Offer of Compromise Indemnity Costs

Case Brief

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Parties

Louis Sheather

Appellant

Country Energy

Respondent

Procedural Posture

Appeal / Post Judgment; Costs Determination

Legal Issues

  1. 1 Whether costs should be assessed on an indemnity basis following an offer of compromise not accepted
  2. 2 Whether costs of the appeal should also be indemnity costs

Ratio Decidendi

Mr. Sheather is entitled to indemnity costs for the proceedings as from 1 May 2004 due to the unaccepted offer of compromise, but not for the costs of the appeal, as no offer was made in relation to the appeal and it was not unreasonable for Country Energy to oppose it.

Court Disposition

Additional order made for indemnity costs for proceedings (not appeal) as from 1 May 2004.

Orders

  • Mr. Sheather's costs of the proceedings (but not of the appeal) as from 1 May 2004 to be assessed on an indemnity basis.