Bonanno v Finamore (No 2) [2023] NSWCA 24

Bonanno v Finamore (No 2) [2023] NSWCA 24

The offer of compromise made by the respondents constituted a genuine compromise as required by the rules, and in the absence of persuasive submissions from the appellant as to why the court should otherwise order, costs should be assessed on the ordinary basis until 23 August 2022 and thereafter on an indemnity basis.

Parties
Appellant: Salvatore Antonio Bonanno; First Respondent: Nicola Finamore; Second Respondent: Weisen Zhou
Jurisdiction
Australia
Judgment Date
22 February 2023
Procedural Posture
Appeal / Post Judgment Motion to Vary Costs Order
Outcome
Order (2) of 20 December 2022 varied as specified; appeal dismissed with costs as assessed.
Legal Topics
Appeal, Costs, Indemnity Costs, Application to Vary Costs Order, Offer of Compromise
Civil Procedure Appeal Costs Indemnity Costs Application to Vary Costs Order Offer of Compromise

Case Brief

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Parties

Salvatore Antonio Bonanno

Appellant

Nicola Finamore

First Respondent

Weisen Zhou

Second Respondent

Procedural Posture

Appeal / Post Judgment Motion to Vary Costs Order

Legal Issues

  1. 1 Whether costs on appeal should be assessed on an indemnity basis after an offer of compromise was not accepted
  2. 2 Whether the offer of compromise constituted a genuine compromise as required by the Uniform Civil Procedure Rules 2005 (NSW) r 20.26

Ratio Decidendi

The offer of compromise made by the respondents constituted a genuine compromise as required by the rules, and in the absence of persuasive submissions from the appellant as to why the court should otherwise order, costs should be assessed on the ordinary basis until 23 August 2022 and thereafter on an indemnity basis.

Court Disposition

Order (2) of 20 December 2022 varied as specified; appeal dismissed with costs as assessed.

Orders

  • Vary order (2) made on 20 December 2022 so that it provides: (2) Dismiss the appeal with costs, such costs (including the costs of the motion to vary this order) to be assessed on the ordinary basis up to and including 23 August 2022 and thereafter on an indemnity basis.