QBE Insurance (Australia) Ltd v Volokhova (No 2) [2014] NSWSC 779

QBE Insurance (Australia) Ltd v Volokhova (No 2) [2014] NSWSC 779

The first defendant's offer of compromise proposed a verdict and judgment in her favour in the sum of $1,019,324.00, setting aside of the third defendant's certificate and reasons, and dismissal of the proceedings otherwise. Because it dealt with both the amount of the verdict and the orders for disposal of the claim, it complied with UCPR 20.26 and effectively engaged UCPR 42.15A, justifying indemnity costs from 23 January 2014.

Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Costs / Ex Tempore Judgment on Application for Indemnity Costs Following Dismissal of the Summons
Outcome
The plaintiff was ordered to pay the first defendant's costs on an indemnity basis as from 23 January 2014.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw) Rr 20.26 and 42.15 A']
['costs' 'civil Procedure'] ['offer of Compromise' 'indemnity Costs' 'uniform Civil Procedure Rules 2005 (nsw) Rr 20.26 and 42.15 A']

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Procedural Posture

Costs / Ex Tempore Judgment on Application for Indemnity Costs Following Dismissal of the Summons

Legal Issues

  1. 1 ["Whether the first defendant's offer of compromise complied with r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether the offer of compromise effectively engaged UCPR 42.15A so as to entitle the first defendant to indemnity costs from 23 January 2014.']

Ratio Decidendi

The first defendant's offer of compromise proposed a verdict and judgment in her favour in the sum of $1,019,324.00, setting aside of the third defendant's certificate and reasons, and dismissal of the proceedings otherwise. Because it dealt with both the amount of the verdict and the orders for disposal of the claim, it complied with UCPR 20.26 and effectively engaged UCPR 42.15A, justifying indemnity costs from 23 January 2014.

Court Disposition

The plaintiff was ordered to pay the first defendant's costs on an indemnity basis as from 23 January 2014.

Orders

  • ["The plaintiff is to pay the first defendant's costs on an indemnity basis as from 23 January 2014."]