Moggridge v The Benevolent Society (No 2) [2019] NSWSC 1115

Moggridge v The Benevolent Society (No 2) [2019] NSWSC 1115

It was not unreasonable for the plaintiff not to accept the offer of compromise given his medical condition and the nature of the evidence available to him at the time; the Court declines to make an indemnity costs order.

Source-derived case information.

Parties
Plaintiff: Paul William Moggridge; Defendant: The Benevolent Society
Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Costs Application in Personal Injury Proceedings / Post Judgment (costs Application Determined on Papers)
Outcome
Plaintiff ordered to pay defendant's costs on an ordinary basis; each party to pay its own costs of the costs application.
Legal Topics
Costs, Indemnity Costs, Offer of Compromise, Personal Injury
Civil Procedure Costs Indemnity Costs Offer of Compromise Personal Injury

Source-derived case record

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Parties

Paul William Moggridge

Plaintiff

The Benevolent Society

Defendant

Procedural Posture

Costs Application in Personal Injury Proceedings / Post Judgment (costs Application Determined on Papers)

Legal Issues

  1. 1 Whether the defendant is entitled to indemnity costs following an unaccepted offer of compromise
  2. 2 Whether the offer of compromise constituted a genuine compromise and whether it was unreasonable for the plaintiff to refuse it

Ratio Decidendi

It was not unreasonable for the plaintiff not to accept the offer of compromise given his medical condition and the nature of the evidence available to him at the time; the Court declines to make an indemnity costs order.

Court Disposition

Plaintiff ordered to pay defendant's costs on an ordinary basis; each party to pay its own costs of the costs application.

Orders

  • The plaintiff is to pay the defendant's costs on an ordinary basis.
  • Each party is to pay its own costs of this costs application.