Joldzic (bht Joldzic) v Patrick (No 2) [2021] NSWDC 72

Joldzic (bht Joldzic) v Patrick (No 2) [2021] NSWDC 72

Because the plaintiff did not obtain a judgment more favourable than the defendant's offer of compromise, and no reason was advanced to make an order otherwise, the costs order was varied to provide that the defendant pay the plaintiff's costs up to the date of the offer on an ordinary basis, and the plaintiff pay the defendant's costs thereafter on an indemnity basis.

Jurisdiction
Australia
Judgment Date
18 March 2021
Procedural Posture
Civil / Application to Vary Costs Order Following Judgment
Outcome
Application to vary costs order granted
Legal Topics
['offer of Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw)']
['costs'] ['offer of Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw)']

Case Brief

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Procedural Posture

Civil / Application to Vary Costs Order Following Judgment

Legal Issues

  1. 1 ["Whether the defendant is entitled to a variation of the costs order due to the plaintiff's rejection of a more favourable offer of compromise"]

Ratio Decidendi

Because the plaintiff did not obtain a judgment more favourable than the defendant's offer of compromise, and no reason was advanced to make an order otherwise, the costs order was varied to provide that the defendant pay the plaintiff's costs up to the date of the offer on an ordinary basis, and the plaintiff pay the defendant's costs thereafter on an indemnity basis.

Court Disposition

Application to vary costs order granted

Orders

  • ["Order 2 made on 9 March 2021 is varied so that: (a) the defendant is to pay the plaintiff's costs of the proceeding on an ordinary basis up to 30 January 2020; (b) thereafter, the plaintiff is to pay the defendant's costs on an indemnity basis; (c) the plaintiff is to pay the defendant's costs of the notice of...