ALVES v PATEL [2005] NSWSC 841

ALVES v PATEL [2005] NSWSC 841

The defendant's non-acceptance of the plaintiff's reasonable offers, in circumstances where the claim's core issues were made sufficiently clear by mid-2000 and liability was strong, was unreasonable. Costs from 1 July 2000 are to be paid by the defendant on an indemnity basis. The final judgment far exceeded the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 August 2005
Procedural Posture
Civil / Costs Determination After Judgment
Outcome
Costs orders made following judgment for plaintiff; indemnity costs ordered from 1 July 2000; plaintiff liable for costs thrown away by late service of certain medical reports.
Legal Topics
['indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'assessment of Costs']
['common Law' 'costs'] ['indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'assessment of Costs']

Source-derived case record

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Procedural Posture

Civil / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether indemnity or conventional costs should be ordered' "Reasonableness of the defendant's non-acceptance of settlement offers" 'Significance of late provision of discoverable documents and medical reports' 'Effect of complexity and developments in the litigation on costs']

Ratio Decidendi

The defendant's non-acceptance of the plaintiff's reasonable offers, in circumstances where the claim's core issues were made sufficiently clear by mid-2000 and liability was strong, was unreasonable. Costs from 1 July 2000 are to be paid by the defendant on an indemnity basis. The final judgment far exceeded the offers, and no exceptional circumstances displaced the rule for costs. Costs thrown away by late service of medical reports will be borne by the plaintiff.

Court Disposition

Costs orders made following judgment for plaintiff; indemnity costs ordered from 1 July 2000; plaintiff liable for costs thrown away by late service of certain medical reports.

Orders

  • ["The defendant is to pay the plaintiff's costs of action as agreed or assessed." 'From 1 July 2000, those costs are to be assessed on an indemnity basis.' "The plaintiff is to pay the defendant's costs, if any, thrown away by late service of medical reports listed in annexure AE of the affidavit Keely Louise Graham...