Matchan v. Lyons [2004] NSWCA 36

Matchan v. Lyons [2004] NSWCA 36

No amendment should be made to the orders made on 22 December 2003, as the offer of compromise was more favourable than the judgment, but indemnity costs are not appropriate given partial success and respondent's reasonable conduct.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 February 2004
Procedural Posture
Appeal / Judgment on Costs
Outcome
No amendment made to orders made on 22 December 2003.
Legal Topics
['costs' 'offer of Compromise' 'indemnity Costs' 'apportionment of Costs']
['procedure'] ['costs' 'offer of Compromise' 'indemnity Costs' 'apportionment of Costs']

Source-derived case record

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Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 ['Whether the appellant is entitled to indemnity costs after an offer of compromise' 'Whether the costs should be apportioned due to partial success' 'Whether the substituted judgment amount requires amendment to include interest']

Ratio Decidendi

No amendment should be made to the orders made on 22 December 2003, as the offer of compromise was more favourable than the judgment, but indemnity costs are not appropriate given partial success and respondent's reasonable conduct.

Court Disposition

No amendment made to orders made on 22 December 2003.

Orders

  • ['No amendment made to orders made on 22 December 2003.']