Sadi Mustafa Karabay v Malcolm Carr t/as Forshaws Neill Solicitors & Anor (No 2) [2013] NSWSC 773

Sadi Mustafa Karabay v Malcolm Carr t/as Forshaws Neill Solicitors & Anor (No 2) [2013] NSWSC 773

A purposive construction of UCPR r 20.26 means an offer for damages 'plus costs' does not offend the rule provided it is not inclusive of costs or inconsistent with the costs regime, and the offer in question complied with r 20.26, thereby engaging r 42.15 for special costs orders.

Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Costs Determination Following Professional Negligence Action / Post Judgment, Determination of Costs
Outcome
Costs orders granted in accordance with defendants' motion for special costs orders.
Legal Topics
['offer of Compromise' 'professional Negligence' 'indemnity Costs' 'ucpr R 20.26' 'compliance With Costs Rules']
['costs'] ['offer of Compromise' 'professional Negligence' 'indemnity Costs' 'ucpr R 20.26' 'compliance With Costs Rules']

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Procedural Posture

Costs Determination Following Professional Negligence Action / Post Judgment, Determination of Costs

Legal Issues

  1. 1 ['Whether the offer of compromise made by the defendants complied with Uniform Civil Procedure Rules r 20.26' 'Whether r 42.15 is engaged for indemnity costs']

Ratio Decidendi

A purposive construction of UCPR r 20.26 means an offer for damages 'plus costs' does not offend the rule provided it is not inclusive of costs or inconsistent with the costs regime, and the offer in question complied with r 20.26, thereby engaging r 42.15 for special costs orders.

Court Disposition

Costs orders granted in accordance with defendants' motion for special costs orders.

Orders

  • ["First defendant to pay plaintiff's costs to 5 May 2009 on an ordinary basis" "Plaintiff to pay first defendant's costs from 6 May 2009 on an indemnity basis" "Plaintiff to pay second defendant's costs up to 5 May 2009 on an ordinary basis" "Plaintiff to pay second defendant's costs from 6 May 2009 on an indemnity...