McKENNA v SOLOMON [NO 2] [1995] NSWCA 282

McKENNA v SOLOMON [NO 2] [1995] NSWCA 282

Indemnity costs are appropriate where a party unreasonably rejects a sensible settlement offer and subsequently loses; here, the respondents' rejection of a reasonable offer justified indemnity costs from the date of that offer.

Parties
Appellant: McKenna; Respondent: Solomon
Jurisdiction
Australia
Judgment Date
29 March 1995
Procedural Posture
Appeal / Post Judgment (costs Ruling After Successful Appeal)
Outcome
Indemnity costs ordered against respondents from 5 October 1994.
Legal Topics
Indemnity Costs, Offer of Compromise, Family Provision Act Proceedings
Costs Family Provision Indemnity Costs Offer of Compromise Family Provision Act Proceedings

Case Brief

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Parties

McKenna

Appellant

Solomon

Respondent

Procedural Posture

Appeal / Post Judgment (costs Ruling After Successful Appeal)

Legal Issues

  1. 1 Whether indemnity costs should be awarded following successful appeal after rejection of a settlement offer.

Ratio Decidendi

Indemnity costs are appropriate where a party unreasonably rejects a sensible settlement offer and subsequently loses; here, the respondents' rejection of a reasonable offer justified indemnity costs from the date of that offer.

Court Disposition

Indemnity costs ordered against respondents from 5 October 1994.

Orders

  • Respondents to pay the appellant's costs of the appeal on an indemnity basis after 5 October 1994.