Morocz v Marshman [2015] NSWSC 612

Morocz v Marshman [2015] NSWSC 612

The plaintiff did not accept the defendant's offer of compromise, the offer was not challenged as non-compliant, invalid or ineffective, and the plaintiff obtained no better result because her claim was dismissed. Accordingly, the defendant was entitled to ordinary costs up to and including 4 November 2013 and indemnity costs from 5 November 2013.

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Costs Application for Indemnity Costs Following Offer of Compromise / On the Papers After Dismissal of Plaintiff's Claim
Outcome
Defendant's application for indemnity costs granted.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'cost Consequences Under UCPR 42.15 A']
['costs' 'civil Procedure'] ['indemnity Costs' 'offer of Compromise' 'cost Consequences Under UCPR 42.15 A']

Case Brief

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Procedural Posture

Costs Application for Indemnity Costs Following Offer of Compromise / On the Papers After Dismissal of Plaintiff's Claim

Legal Issues

  1. 1 ["Whether the defendant was entitled to indemnity costs from 5 November 2013 following the plaintiff's non-acceptance of the defendant's offer of compromise." 'Whether the plaintiff failed to obtain a better result than she would have achieved by accepting the offer of compromise.']

Ratio Decidendi

The plaintiff did not accept the defendant's offer of compromise, the offer was not challenged as non-compliant, invalid or ineffective, and the plaintiff obtained no better result because her claim was dismissed. Accordingly, the defendant was entitled to ordinary costs up to and including 4 November 2013 and indemnity costs from 5 November 2013.

Court Disposition

Defendant's application for indemnity costs granted.

Orders

  • ["Plaintiff to pay the defendant's costs on an ordinary basis up to and including 4 November 2013." "Plaintiff to pay the defendant's costs on an indemnity basis from 5 November 2013." 'Direct the defendant to bring in short minutes of order to reflect these reasons within seven days.']