Turner v Devine [2024] NSWSC 1025

Turner v Devine [2024] NSWSC 1025

There were no exceptional circumstances warranting a departure from the usual rule that costs payable under an accepted offer of compromise are confined to those incurred up to the date of the offer; the defendant acted reasonably and additional costs were incurred as a result of the plaintiffs' choices.

Parties
First Plaintiff: Donna Marie Turner; Second Plaintiff: Peter John Brien; Defendant: Peter Andrew Devine
Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Costs Application / Post Judgment; Costs Determination After Resolution by Consent Except as to Costs
Outcome
Defendant to pay plaintiffs' costs up to and including 12 April 2024; otherwise, no order as to costs.
Legal Topics
Costs, Offer of Compromise
Civil Procedure Costs Offer of Compromise

Case Brief

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Parties

Donna Marie Turner

First Plaintiff

Peter John Brien

Second Plaintiff

Peter Andrew Devine

Defendant

Procedural Posture

Costs Application / Post Judgment; Costs Determination After Resolution by Consent Except as to Costs

Legal Issues

  1. 1 Whether the defendant should pay the plaintiffs' costs for the whole proceeding or only up to the date of the offer of compromise under UCPR r 20.26
  2. 2 Whether exceptional circumstances justify an order for the defendant to pay plaintiffs' costs incurred after the offer of compromise
  3. 3 Whether the plaintiffs should pay the defendant's costs after 12 April 2024

Ratio Decidendi

There were no exceptional circumstances warranting a departure from the usual rule that costs payable under an accepted offer of compromise are confined to those incurred up to the date of the offer; the defendant acted reasonably and additional costs were incurred as a result of the plaintiffs' choices.

Court Disposition

Defendant to pay plaintiffs' costs up to and including 12 April 2024; otherwise, no order as to costs.

Orders

  • The defendant is to pay the plaintiffs' costs for the period up to and including 12 April 2024 as agreed or assessed.
  • Otherwise, there is no order as to costs.