Menka Tasevska v Vlado (Larry) Tasevski & Anor [2011] NSWSC 411

Menka Tasevska v Vlado (Larry) Tasevski & Anor [2011] NSWSC 411

Given the complexity and finely balanced nature of the litigation, the plaintiff's rejection of the offer of compromise was not unreasonable and the circumstances warrant the court to otherwise order that each party pays their own costs.

Jurisdiction
Australia
Judgment Date
01 April 2011
Procedural Posture
Consequential Orders / Post Trial—costs Determination
Outcome
Each party is to pay their/its costs of the proceedings.
Legal Topics
['costs' 'offers of Compromise' 'judicial Discretion']
['civil Procedure'] ['costs' 'offers of Compromise' 'judicial Discretion']

Case Brief

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Procedural Posture

Consequential Orders / Post Trial—costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event given the offers of compromise' 'Whether circumstances warrant a departure from the general rule as to costs']

Ratio Decidendi

Given the complexity and finely balanced nature of the litigation, the plaintiff's rejection of the offer of compromise was not unreasonable and the circumstances warrant the court to otherwise order that each party pays their own costs.

Court Disposition

Each party is to pay their/its costs of the proceedings.

Orders

  • ['Order that each party is to pay their/its costs of the proceedings.' 'Plaintiff to bring in short minutes of order including agreed interest amount.']