Mohamed v Farah [2004] NSWSC 598

Mohamed v Farah [2004] NSWSC 598

Because the plaintiff's application to withdraw the offer of compromise was necessitated by a mistake of the plaintiff's solicitor, to which the defendant did not contribute, it is appropriate to depart from the general rule and order the plaintiff to pay the defendant's costs of the application.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 July 2004
Procedural Posture
Equity Proceeding / Post Application Determination on Costs
Outcome
Plaintiff to pay defendant's costs of motion.
Legal Topics
['costs' 'offer of Compromise' 'mistake' 'withdrawal of Offer']
['civil Procedure'] ['costs' 'offer of Compromise' 'mistake' 'withdrawal of Offer']

Source-derived case record

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding / Post Application Determination on Costs

Legal Issues

  1. 1 ["Whether costs should be ordered against a successful applicant seeking withdrawal of an offer of compromise due to solicitor's mistake"]

Ratio Decidendi

Because the plaintiff's application to withdraw the offer of compromise was necessitated by a mistake of the plaintiff's solicitor, to which the defendant did not contribute, it is appropriate to depart from the general rule and order the plaintiff to pay the defendant's costs of the application.

Court Disposition

Plaintiff to pay defendant's costs of motion.

Orders

  • ["The costs of the defendant of and incidental to the plaintiff's application heard by me on 21 May 2004 and determined by me on 4 June 2004 be paid by the plaintiff." 'Such costs of the defendant, if any, as were thrown away by reason of the order made by me on 29 April 2004 vacating the hearing dates 25 and 26 May...