Stephen Wayne Velik & Anor v Noreen Steingold (No. 2) [2012] NSWSC 1347

Stephen Wayne Velik & Anor v Noreen Steingold (No. 2) [2012] NSWSC 1347

Mrs Steingold is not entitled to indemnity costs as neither the pre-litigation offer nor the offer of compromise complied with relevant legal requirements of clarity and exclusivity of costs, and plaintiffs' refusal was not unreasonable. Despite the late amendment, the plaintiffs had general notice and did not object to it or seek adjournment. Therefore, the defendant is awarded 75 percent of her costs, reflecting the balance between late amendment and general awareness of the issue by plaintiffs.

Jurisdiction
Australia
Judgment Date
29 October 2012
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Order for costs granted in favour of defendant, with reduction.
Legal Topics
['costs' 'indemnity Costs' 'settlement Offers' 'late Amendment']
['civil Procedure'] ['costs' 'indemnity Costs' 'settlement Offers' 'late Amendment']

Case Brief

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether defendant is entitled to indemnity costs based on pre-litigation and offer of compromise.' 'Whether costs should follow the event given late amendment introducing special condition 37.1.' 'Whether offers complied with Uniform Civil Procedure Rules 2005 (NSW), r 20.26.']

Ratio Decidendi

Mrs Steingold is not entitled to indemnity costs as neither the pre-litigation offer nor the offer of compromise complied with relevant legal requirements of clarity and exclusivity of costs, and plaintiffs' refusal was not unreasonable. Despite the late amendment, the plaintiffs had general notice and did not object to it or seek adjournment. Therefore, the defendant is awarded 75 percent of her costs, reflecting the balance between late amendment and general awareness of the issue by plaintiffs.

Court Disposition

Order for costs granted in favour of defendant, with reduction.

Orders

  • ["Plaintiffs pay 75 per cent of defendant's costs of proceedings, including costs of argument and costs of the day." 'Order exhibits be returned to the parties.']