SKIMMINGS v SAVINS & SAVINS (No 2) [2007] NSWDC 176

SKIMMINGS v SAVINS & SAVINS (No 2) [2007] NSWDC 176

There is no basis to deny the plaintiff an order for indemnity costs as the assessment of damages did not rely on material served after the offer of compromise; damages were based on credible medical evidence existing before the offer.

Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Civil / Final Orders
Outcome
judgment for plaintiff
Legal Topics
['offer of Compromise' 'indemnity Costs' 'future Domestic Assistance' 'assessment of Damages']
['civil Procedure'] ['offer of Compromise' 'indemnity Costs' 'future Domestic Assistance' 'assessment of Damages']

Case Brief

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Procedural Posture

Civil / Final Orders

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered based on an offer of compromise' 'Assessment of damages including domestic assistance' 'Calculation of life expectancy for damages purposes']

Ratio Decidendi

There is no basis to deny the plaintiff an order for indemnity costs as the assessment of damages did not rely on material served after the offer of compromise; damages were based on credible medical evidence existing before the offer.

Court Disposition

judgment for plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $397,771.19.' "Defendants to pay plaintiff's costs on an ordinary basis up to 29 May 2007 and on an indemnity basis from that date." 'Orders stayed subject to defendants filing and serving within 28 days a notice of appeal.' 'Exhibits to be retained until further order.']