Musleh v Sabri [2003] NSWCA 215

Musleh v Sabri [2003] NSWCA 215

The defendant was entitled to costs after 18 December 2000, as his offer of compromise was not bettered at trial and the trial judge failed to make the appropriate order for those costs.

Parties
Defendant: Ahmed J Musleh; Plaintiff: Mahmoud Sabri
Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Appeal / Application for Leave and Substantive Appeal on Costs
Outcome
Appeal allowed. Leave granted. Orders for costs in favour of the defendant after the offer date.
Legal Topics
Costs, Offer of Compromise, Motor Vehicle Accident
Civil Procedure Costs Offer of Compromise Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ahmed J Musleh

Defendant

Mahmoud Sabri

Plaintiff

Procedural Posture

Appeal / Application for Leave and Substantive Appeal on Costs

Legal Issues

  1. 1 Whether the defendant was entitled to costs after the date of a rejected offer of compromise which was not bettered at trial.

Ratio Decidendi

The defendant was entitled to costs after 18 December 2000, as his offer of compromise was not bettered at trial and the trial judge failed to make the appropriate order for those costs.

Court Disposition

Appeal allowed. Leave granted. Orders for costs in favour of the defendant after the offer date.

Orders

  • Leave to appeal granted, any necessary extension thereby being permitted.
  • The appeal is successful and in addition to the orders made below there is an order that the plaintiff pay the defendant's costs after 18 December 2000.