Bekdache v Chen (No 2) [2021] NSWDC 56

Bekdache v Chen (No 2) [2021] NSWDC 56

Where the defendant makes a valid offer of compromise exceeding the judgment sum and the plaintiff does not accept, the defendant is entitled to costs from the date of the offer, subject to the court's discretion and the impact of amendments during trial.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 2021
Procedural Posture
Civil / Costs Determination Following Trial Judgment
Outcome
Costs orders as specified
Legal Topics
['costs Follow the Event' 'offer of Compromise' 'calderbank Offers' 'contributory Negligence']
['civil Procedure' 'costs'] ['costs Follow the Event' 'offer of Compromise' 'calderbank Offers' 'contributory Negligence']

Source-derived case record

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Procedural Posture

Civil / Costs Determination Following Trial Judgment

Legal Issues

  1. 1 ['Appropriate costs orders following offers of compromise and Calderbank offers' 'Effect of amendment to pleadings on costs entitlement']

Ratio Decidendi

Where the defendant makes a valid offer of compromise exceeding the judgment sum and the plaintiff does not accept, the defendant is entitled to costs from the date of the offer, subject to the court's discretion and the impact of amendments during trial.

Court Disposition

Costs orders as specified

Orders

  • ["The defendant to pay the plaintiff's costs up to and including 19 May 2020, and any costs thrown away by the amendment during the trial." 'No order as to the costs of and arising from the pleading point and the amendment referred to in paragraphs 48 to 57 of Bekdache v Chen [2020] NSWDC 830.' "Subject to orders 1...