Richard Gillam v Cumberland Council (No 2) [2021] NSWDC 539

Richard Gillam v Cumberland Council (No 2) [2021] NSWDC 539

The Defendant made three genuine offers of compromise under UCPR 20.26, which the Plaintiff failed to accept. The Plaintiff's ongoing investigation and belief in his claim, while allegedly reasonable, are not sufficient to displace the presumption of indemnity costs following rejection of such offers under UCPR...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Plaintiff ordered to pay Defendant's costs on ordinary basis to 22 September 2020 and on indemnity basis thereafter from 23 September 2020.
Legal Topics
['ucpr 20.26' 'ucpr 42.15 A' 'offer of Compromise' 'indemnity Costs' 'ordinary Costs']
['costs'] ['ucpr 20.26' 'ucpr 42.15 A' 'offer of Compromise' 'indemnity Costs' 'ordinary Costs']

Source-derived case record

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Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 ["Whether Plaintiff should pay Defendant's costs on an ordinary basis to 22 September 2020 and on an indemnity basis thereafter as a result of not accepting Defendant's offers of compromise under UCPR 20.26."]

Ratio Decidendi

The Defendant made three genuine offers of compromise under UCPR 20.26, which the Plaintiff failed to accept. The Plaintiff's ongoing investigation and belief in his claim, while allegedly reasonable, are not sufficient to displace the presumption of indemnity costs following rejection of such offers under UCPR 42.15A. The Court saw no exceptional basis to order otherwise. Thus, costs follow the Defendant’s request: ordinary basis to 22 September 2020 and indemnity basis thereafter.

Court Disposition

Plaintiff ordered to pay Defendant's costs on ordinary basis to 22 September 2020 and on indemnity basis thereafter from 23 September 2020.

Orders

  • ["In lieu of order 2 made on 23 August 2021, the Plaintiff is to pay the Defendant's costs on an ordinary basis to 22 September 2020 and on an indemnity basis thereafter from 23 September 2020."]