KOOEE COMMUNICATIONS PTY LTD v PRIMUS TELECOMMUNICATIONS PTY LTD (NO. 2) [2008] NSWCA 85

KOOEE COMMUNICATIONS PTY LTD v PRIMUS TELECOMMUNICATIONS PTY LTD (NO. 2) [2008] NSWCA 85

Kooee's second offer of compromise was not left open for a reasonable time and did not entitle it to indemnity costs; Primus is entitled to 50% of its costs of the proceedings in the Equity Division on the ordinary basis and to pay Kooee's costs of appeal on the ordinary basis.

Parties
First Appellant: Kooee Communications Pty Ltd; Second Appellant: SP Telemedia Limited; Respondent: Primus Telecommunications Pty Ltd
Jurisdiction
Australia
Judgment Date
06 May 2000
Procedural Posture
Civil Appeal / Post Appeal Costs Determination
Outcome
Appeal costs judgment with modified costs orders
Legal Topics
Costs, Offers of Compromise, Appeals
Civil Procedure Costs Offers of Compromise Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Kooee Communications Pty Ltd

First Appellant

SP Telemedia Limited

Second Appellant

Primus Telecommunications Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether Kooee's offers of compromise entitle it to indemnity costs
  2. 2 Whether the time period for the second offer was reasonable under UCPR r 20.26
  3. 3 Effect of pre-trial offer of compromise on costs of appeal

Ratio Decidendi

Kooee's second offer of compromise was not left open for a reasonable time and did not entitle it to indemnity costs; Primus is entitled to 50% of its costs of the proceedings in the Equity Division on the ordinary basis and to pay Kooee's costs of appeal on the ordinary basis.

Court Disposition

Appeal costs judgment with modified costs orders

Orders

  • Kooee Communications Pty Ltd to pay 50% of Primus Telecommunications Pty Ltd's costs of the proceedings in the Equity Division, assessed on the ordinary basis.
  • Primus Telecommunications Pty Ltd to pay Kooee Communications Pty Ltd's costs of the appeal, assessed on the ordinary basis.