Cleere v. Matic Service Pty. Ltd. [No. 2] [2005] NSWCA 176

Cleere v. Matic Service Pty. Ltd. [No. 2] [2005] NSWCA 176

Respondent's pre-trial offer of compromise is only a relevant factor among many; appellant's substantial success in economic loss components warrants 80% of costs; absence of renewed offer during appeal and lack of appellant delinquency preclude indemnity costs for respondent.

Jurisdiction
Australia
Judgment Date
24 May 2005
Procedural Posture
Appeal / Post Judgment, Costs Determination
Outcome
Respondent to pay 80% of appellant's costs of the appeal, party/party basis; respondent may have certificate under Suitors Fund Act if entitled; parties to bring in Short Minutes of Order.
Legal Topics
['costs' 'offer of Compromise' 'contributory Negligence' 'damages' 'appeal Procedure']
['civil Litigation' 'employment Law'] ['costs' 'offer of Compromise' 'contributory Negligence' 'damages' 'appeal Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether the appellant is entitled to the entirety of his costs despite partial success on appeal' 'Whether respondent should have indemnity costs based on pre-trial offer of compromise' 'How pre-trial offers affect appeal costs' "Impact of appellant's success on economic loss awards on costs allocation"]

Ratio Decidendi

Respondent's pre-trial offer of compromise is only a relevant factor among many; appellant's substantial success in economic loss components warrants 80% of costs; absence of renewed offer during appeal and lack of appellant delinquency preclude indemnity costs for respondent.

Court Disposition

Respondent to pay 80% of appellant's costs of the appeal, party/party basis; respondent may have certificate under Suitors Fund Act if entitled; parties to bring in Short Minutes of Order.

Orders

  • ["Respondent to pay 80% of appellant's costs of the appeal assessed on a party/party basis." 'Respondent to have a certificate under the Suitors Fund Act 1951 (NSW) if so entitled.' 'Parties directed to bring in Short Minutes of Order in accordance with these reasons and those given on 10 December 2004.']