MB v Protective Commissioner [2000] NSWSC 882

MB v Protective Commissioner [2000] NSWSC 882

The Protective Commissioner was not required to reimburse P's estate for M's costs, but because he should at least have explored the possibility of settlement in response to the 18 August 1999 offer, his indemnity costs from the estate were reduced by excluding one-half of the costs incurred after 31 August 1999.

Jurisdiction
Australia
Judgment Date
04 September 2000
Procedural Posture
Costs Application in Protective Proceedings / Judgment on Costs After Judgment Delivered on 25 July 2000
Outcome
Protective Commissioner's recovery of costs from P's estate was qualified; M did not obtain an order that the Protective Commissioner reimburse P's estate for M's costs.
Legal Topics
['without Prejudice Offer of Settlement' 'admissibility on Question of Costs' "costs Out of Protected Person's Estate" 'failure to Explore Settlement']
['costs' 'evidence' 'protective Jurisdiction'] ['without Prejudice Offer of Settlement' 'admissibility on Question of Costs' "costs Out of Protected Person's Estate" 'failure to Explore Settlement']

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Procedural Posture

Costs Application in Protective Proceedings / Judgment on Costs After Judgment Delivered on 25 July 2000

Legal Issues

  1. 1 ['Whether evidence of a without prejudice settlement offer was admissible on the question of costs where the offer did not state an intention to rely on it for costs.' "Whether the Protective Commissioner should pay all costs of the proceedings or whether costs should be paid out of P's estate." "Whether the Protective Commissioner's failure to respond to or explore M's August 1999 settlement offer warranted a qualification on recovery of costs from the estate."]

Ratio Decidendi

The Protective Commissioner was not required to reimburse P's estate for M's costs, but because he should at least have explored the possibility of settlement in response to the 18 August 1999 offer, his indemnity costs from the estate were reduced by excluding one-half of the costs incurred after 31 August 1999.

Court Disposition

Protective Commissioner's recovery of costs from P's estate was qualified; M did not obtain an order that the Protective Commissioner reimburse P's estate for M's costs.

Orders

  • ["The Protective Commissioner's costs be paid out of P's estate on an indemnity basis, except that the Protective Commissioner not recover from the estate one-half of the costs incurred after 31 August 1999."]