Turnbull v Kyogle Council (No 2) [2024] NSWSC 1302

Turnbull v Kyogle Council (No 2) [2024] NSWSC 1302

The defendant’s rejection of the plaintiff’s offer of compromise was not sufficient to avoid the natural consequence of rule 20.26; even a reasonable argument on the notice of motion was not enough to displace the rule, and indemnity costs were ordered from the date of non-acceptance.

Parties
Plaintiff: Mr Simon Charles Turnbull; Defendant: Kyogle Council
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Costs Application / Post Judgment, Costs Determination
Outcome
Costs orders as sought by the plaintiff; costs payable on indemnity basis from 19 July 2024.
Legal Topics
Offer of Compromise, Indemnity Costs, Reasonableness of Rejection of Offer
Costs Offer of Compromise Indemnity Costs Reasonableness of Rejection of Offer

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Parties

Mr Simon Charles Turnbull

Plaintiff

Kyogle Council

Defendant

Procedural Posture

Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the defendant's rejection of the plaintiff's offer of compromise was reasonable for purposes of indemnity costs order under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW)

Ratio Decidendi

The defendant’s rejection of the plaintiff’s offer of compromise was not sufficient to avoid the natural consequence of rule 20.26; even a reasonable argument on the notice of motion was not enough to displace the rule, and indemnity costs were ordered from the date of non-acceptance.

Court Disposition

Costs orders as sought by the plaintiff; costs payable on indemnity basis from 19 July 2024.

Orders

  • The defendant is to pay the plaintiff’s costs on an indemnity basis on and from 19 July 2024.