Barsoum -v- Glebe Administration Board (2) [2002] NSWADT 174

Barsoum -v- Glebe Administration Board (2) [2002] NSWADT 174

The making and rejection of a reasonable open offer of settlement by the Respondent, which if accepted would have averted the litigation and its expense, and the Applicant's subsequent lack of success, constitute special circumstances warranting a costs order on an indemnity basis from a reasonable date after the offer was made.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Costs Application Following Substantive Proceedings Dismissal / Post Trial, Costs Determination
Outcome
Applicant ordered to pay Respondent’s costs on an indemnity basis from 3 August 2001; Respondent’s costs to be paid as agreed or assessed.
Legal Topics
['costs Orders' 'special Circumstances for Costs' 'offers of Compromise' 'access to Justice']
['commercial Law' 'retail Leases' 'administrative Law'] ['costs Orders' 'special Circumstances for Costs' 'offers of Compromise' 'access to Justice']

Case Brief

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Procedural Posture

Costs Application Following Substantive Proceedings Dismissal / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Whether special circumstances exist under s 88 Administrative Decisions Tribunal Act 1997 to warrant a costs order against the applicant' 'Whether the offer of settlement constituted a relevant special circumstance' 'Whether applicant’s conduct or non-compliance justifies a costs order']

Ratio Decidendi

The making and rejection of a reasonable open offer of settlement by the Respondent, which if accepted would have averted the litigation and its expense, and the Applicant's subsequent lack of success, constitute special circumstances warranting a costs order on an indemnity basis from a reasonable date after the offer was made.

Court Disposition

Applicant ordered to pay Respondent’s costs on an indemnity basis from 3 August 2001; Respondent’s costs to be paid as agreed or assessed.

Orders

  • ["The Applicant pay the Respondent's costs incurred from and after 3 August 2001 on an indemnity basis." "The Applicant to pay the Respondent's costs as agreed or assessed."]