Lawson v Bourke (No 2) [2008] NSWDC 159

Lawson v Bourke (No 2) [2008] NSWDC 159

The offer of compromise was invalid for costs purposes because it did not comply with rule 20.26(3)(b) of the Uniform Civil Procedure Rules 2005 by failing to state whether it was inclusive or exclusive of interim payments.

Jurisdiction
Australia
Judgment Date
29 July 2008
Procedural Posture
Civil / Final Judgment and Orders on Compensation and Costs
Outcome
Judgment for the plaintiff; defendant to pay plaintiff's costs.
Legal Topics
['costs' 'offer of Compromise' 'interim Payments']
['civil Procedure'] ['costs' 'offer of Compromise' 'interim Payments']

Case Brief

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Procedural Posture

Civil / Final Judgment and Orders on Compensation and Costs

Legal Issues

  1. 1 ["Whether the defendant's offer of compromise complied with rule 20.26(3)(b) of the Uniform Civil Procedure Rules 2005 regarding interim payments and whether the defendant could rely upon the offer for costs purposes."]

Ratio Decidendi

The offer of compromise was invalid for costs purposes because it did not comply with rule 20.26(3)(b) of the Uniform Civil Procedure Rules 2005 by failing to state whether it was inclusive or exclusive of interim payments.

Court Disposition

Judgment for the plaintiff; defendant to pay plaintiff's costs.

Orders

  • ['The award made in respect of past out-of-pocket expenses is $26,008.95.' 'Total of advances to the plaintiff by way of interim payments and out-of-pocket expenses is $52,518.86.' 'Total compensation awarded to the plaintiff is $99,739.95.' 'Taking into account the s 83 payments, there is judgment for the plaintiff...