Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2019] NSWSC 601

Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2019] NSWSC 601

The defendant's offer comprised a significant compromise—both $100,000 and not seeking its costs—which was genuine under the rules. The plaintiff failed to show a reason for the court to order otherwise, so indemnity costs were appropriate from the date of the offer.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Costs Proceedings / Post Judgment; Application for Costs Orders
Outcome
Costs: Plaintiff to pay defendant's costs, ordinary basis up to 26 July 2018, indemnity basis from 27 July 2018.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'offer of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Proceedings / Post Judgment; Application for Costs Orders

Legal Issues

  1. 1 ["Whether the defendant's offer constituted a genuine offer of compromise under the Uniform Civil Procedure Rules" 'Whether the presumptive entitlement to indemnity costs under r 42.15A was engaged' 'Whether special circumstances warranted the court ordering otherwise regarding costs']

Ratio Decidendi

The defendant's offer comprised a significant compromise—both $100,000 and not seeking its costs—which was genuine under the rules. The plaintiff failed to show a reason for the court to order otherwise, so indemnity costs were appropriate from the date of the offer.

Court Disposition

Costs: Plaintiff to pay defendant's costs, ordinary basis up to 26 July 2018, indemnity basis from 27 July 2018.

Orders

  • ["The plaintiff pay the defendant's costs of the proceedings up to 26 July 2018 on the ordinary basis." "The plaintiff pay the defendant's costs of the proceedings from 27 July 2018 on an indemnity basis."]