Nawaf Hawchar v Dasreef Pty Ltd (No 2) [2009] NSWDDT 18

Nawaf Hawchar v Dasreef Pty Ltd (No 2) [2009] NSWDDT 18

Although the plaintiff obtained judgment for less than the amount offered in compromise by the defendant, it would be a substantial injustice to order costs against the plaintiff because his rejection of the offer was reasonable in the circumstances, especially given the value of ongoing workers compensation entitlements and the state of medical evidence at the time. With respect to the dismissed scleroderma claim, the court found there was good reason not to order the plaintiff to pay all the defendant's costs, considering the overall conduct and outcome of the litigation.

Jurisdiction
Australia
Procedural Posture
Civil / Post Trial: Costs Ruling
Outcome
Partial costs awarded to each party subject to limits and set-off; stay of judgment over $100,000.
Legal Topics
['costs' 'offers of Compromise' 'provisional Damages' 'dust Diseases']
['tort Law' 'workers Compensation'] ['costs' 'offers of Compromise' 'provisional Damages' 'dust Diseases']

Case Brief

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Procedural Posture

Civil / Post Trial: Costs Ruling

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs after rejecting an offer of compromise" 'Whether plaintiff should pay costs for the dismissed claim for scleroderma' 'Entitlement to provisional damages regarding potential future development of scleroderma lung']

Ratio Decidendi

Although the plaintiff obtained judgment for less than the amount offered in compromise by the defendant, it would be a substantial injustice to order costs against the plaintiff because his rejection of the offer was reasonable in the circumstances, especially given the value of ongoing workers compensation entitlements and the state of medical evidence at the time. With respect to the dismissed scleroderma claim, the court found there was good reason not to order the plaintiff to pay all the defendant's costs, considering the overall conduct and outcome of the litigation.

Court Disposition

Partial costs awarded to each party subject to limits and set-off; stay of judgment over $100,000.

Orders

  • ["Defendant to pay plaintiff's costs of the action excluding costs of forensic accountant and occupational therapist reports." "Plaintiff to pay on a party-party basis defendant's costs for forensic accountant and occupational therapist reports, and 40% of defendant's costs of written submissions on specific...