Karpin v Gough (No 2) [2022] NSWSC 682

Karpin v Gough (No 2) [2022] NSWSC 682

The plaintiff rejected a genuine Offer of Compromise that was more favourable than any likely outcome at trial. Given the circumstances, including the plaintiff's awareness of weaknesses in her case and the principles underpinning offers of compromise, the consequence under r 42.15A UCPR should follow: the plaintiff must pay the defendant's costs on the ordinary basis to 6 November 2020, and thereafter on the indemnity basis.

Parties
Plaintiff: Rosalind Karpin; Defendant: Christopher Gough
Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Family Provision Claim / Costs Determination After Principal Judgment
Outcome
Plaintiff ordered to pay the defendant's costs as detailed.
Legal Topics
Costs, Indemnity Costs, Offer of Compromise, Family Provision Claims
Equity Costs Indemnity Costs Offer of Compromise Family Provision Claims

Case Brief

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Parties

Rosalind Karpin

Plaintiff

Christopher Gough

Defendant

Procedural Posture

Family Provision Claim / Costs Determination After Principal Judgment

Legal Issues

  1. 1 Should a special costs order be made against the plaintiff due to the refusal of an Offer of Compromise under the Uniform Civil Procedure Rules 2005 (NSW)?

Ratio Decidendi

The plaintiff rejected a genuine Offer of Compromise that was more favourable than any likely outcome at trial. Given the circumstances, including the plaintiff's awareness of weaknesses in her case and the principles underpinning offers of compromise, the consequence under r 42.15A UCPR should follow: the plaintiff must pay the defendant's costs on the ordinary basis to 6 November 2020, and thereafter on the indemnity basis.

Court Disposition

Plaintiff ordered to pay the defendant's costs as detailed.

Orders

  • Order that the plaintiff pay the defendant's costs of the proceeding assessed on the ordinary basis up to and including 6 November 2020 and thereafter on the indemnity basis.