SINGH v HARIKA (NO.2) [2005] NSWCA 212

SINGH v HARIKA (NO.2) [2005] NSWCA 212

The appellant succeeded on her appeal and should receive the ordinary remedy in costs for the appeal, as the prior offer of compromise in the District Court does not affect costs in the appeal, and the recognition in the District Court order is sufficient.

Jurisdiction
Australia
Judgment Date
23 June 2005
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
appeal allowed; costs order entered as previously proposed
Legal Topics
['costs' 'offer of Compromise' 'appeal' 'district Court Rules' 'supreme Court Rules']
['civil Procedure'] ['costs' 'offer of Compromise' 'appeal' 'district Court Rules' 'supreme Court Rules']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the appellant should recover costs of appeal given an offer of compromise was made in the District Court' 'Effect of an offer of compromise made in the District Court on costs of appeal']

Ratio Decidendi

The appellant succeeded on her appeal and should receive the ordinary remedy in costs for the appeal, as the prior offer of compromise in the District Court does not affect costs in the appeal, and the recognition in the District Court order is sufficient.

Court Disposition

appeal allowed; costs order entered as previously proposed

Orders

  • ['The costs order of the District Court is to stand.' "The respondent is to pay the appellant's costs of the appeal."]