Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 1147

Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 1147

Indemnity costs are payable from the day after service of the offer (20 March 2009), as prescribed by Uniform Civil Procedure Rules 2005 (NSW) r 42.14(2), there being no reason to depart from the Rules.

Jurisdiction
Australia
Judgment Date
24 September 2012
Procedural Posture
Civil / Post Liability Determination, Consequential Orders on Costs
Outcome
Principal Orders amended as to costs; proceedings dismissed otherwise.
Legal Topics
['costs' 'offers to Settle' 'indemnity Costs']
['civil Procedure'] ['costs' 'offers to Settle' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Post Liability Determination, Consequential Orders on Costs

Legal Issues

  1. 1 ["From what date should indemnity costs run given the plaintiff's offer and its non-acceptance?" 'Should Court depart from prescribed effect in Uniform Civil Procedure Rules 2005 (NSW) r 42.14(2)?']

Ratio Decidendi

Indemnity costs are payable from the day after service of the offer (20 March 2009), as prescribed by Uniform Civil Procedure Rules 2005 (NSW) r 42.14(2), there being no reason to depart from the Rules.

Court Disposition

Principal Orders amended as to costs; proceedings dismissed otherwise.

Orders

  • ["Order 3 of Principal Orders of 27 April 2012 deleted and replaced: Defendant to pay plaintiff's costs up to and including 19 March 2009 on a party/party basis; on and from 20 March 2009 on an indemnity basis." 'Principal Orders of 27 April 2012 otherwise remain unaltered.' 'The proceedings otherwise dismissed.']