Wharekawa v AEA Constructions Pty Ltd [2018] NSWSC 1023

Wharekawa v AEA Constructions Pty Ltd [2018] NSWSC 1023

The plaintiff is entitled to indemnity costs from the date after the offer of compromise of 14 April 2016, as the defendant’s rejection and the judgment being greater than both offers satisfy UCPR r 42.14. No material change in the plaintiff’s case between the offer and trial justifies a different order. Costs of interlocutory hearings caused by plaintiff’s late service of medical reports are excluded from this order.

Jurisdiction
Australia
Judgment Date
03 July 2018
Procedural Posture
Civil / Post Judgment Costs Application
Outcome
Plaintiff awarded costs on the ordinary basis up to 15 April 2016, and on the indemnity basis thereafter, excluding costs of interlocutory hearings on 10 and 11 October 2017.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offers' 'personal Injury']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Compromise' 'calderbank Offers' 'personal Injury']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to indemnity costs from the date of offer of compromise given the defendant’s rejection and judgment exceeding the offer; Whether any significant change in the plaintiff’s case after the offer warrants a departure from the usual costs order']

Ratio Decidendi

The plaintiff is entitled to indemnity costs from the date after the offer of compromise of 14 April 2016, as the defendant’s rejection and the judgment being greater than both offers satisfy UCPR r 42.14. No material change in the plaintiff’s case between the offer and trial justifies a different order. Costs of interlocutory hearings caused by plaintiff’s late service of medical reports are excluded from this order.

Court Disposition

Plaintiff awarded costs on the ordinary basis up to 15 April 2016, and on the indemnity basis thereafter, excluding costs of interlocutory hearings on 10 and 11 October 2017.

Orders

  • ["The plaintiff's costs payable under Order 3 made 22 May 2018 shall not include any costs of or incidental to the interlocutory hearings on 10 and 11 October 2017 but otherwise shall be on the ordinary basis up to 15 April 2016 and on the indemnity basis thereafter."]