93 GSP Pty Ltd v Advent 8 Pty Limited (No 2) [2013] NSWDC 138

93 GSP Pty Ltd v Advent 8 Pty Limited (No 2) [2013] NSWDC 138

Indemnity costs could not be ordered because the offer of compromise entailed acceptance by both defendants and judgment was obtained against only one, making the outcome not 'no less favourable' than the terms of the offer under r 42.14.

Jurisdiction
Australia
Judgment Date
31 July 2013
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Earlier order 2 for costs confirmed; application for indemnity costs refused.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'assessment of Costs' 'judgment Against Defendants']
['costs'] ['offer of Compromise' 'indemnity Costs' 'assessment of Costs' 'judgment Against Defendants']

Case Brief

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the offer of compromise entitles the plaintiff to indemnity costs under Uniform Civil Procedure Rule 42.14' "Whether an offer proposing judgment against both defendants but achieved against one only is 'no less favourable' under r 42.14" 'Whether the second defendant alone could accept the offer']

Ratio Decidendi

Indemnity costs could not be ordered because the offer of compromise entailed acceptance by both defendants and judgment was obtained against only one, making the outcome not 'no less favourable' than the terms of the offer under r 42.14.

Court Disposition

Earlier order 2 for costs confirmed; application for indemnity costs refused.

Orders

  • ['Order 2 made on 14 May 2013 confirmed.' 'No order that any costs be assessed on an indemnity basis.']