Burns v Grevler (No. 2) [2010] NSWSC 1232

Burns v Grevler (No. 2) [2010] NSWSC 1232

No proper ground was advanced to preclude the plaintiff from recovering costs on an indemnity basis after she made a valid offer of compromise and obtained judgment well in excess of the offer.

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Consequential Orders / Application for Indemnity Costs Following Judgment
Outcome
The plaintiff's application for indemnity costs was granted, and consequential orders were made for interest, costs and return of exhibits.
Legal Topics
['offer of Compromise' 'indemnity Costs' 'ordinary Costs' 'interest']
['civil Procedure' 'costs'] ['offer of Compromise' 'indemnity Costs' 'ordinary Costs' 'interest']

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Procedural Posture

Consequential Orders / Application for Indemnity Costs Following Judgment

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs on an indemnity basis where the plaintiff made an offer of compromise and obtained judgment more favourable than the amount offered."]

Ratio Decidendi

No proper ground was advanced to preclude the plaintiff from recovering costs on an indemnity basis after she made a valid offer of compromise and obtained judgment well in excess of the offer.

Court Disposition

The plaintiff's application for indemnity costs was granted, and consequential orders were made for interest, costs and return of exhibits.

Orders

  • ['Defendant to pay interest to the plaintiff on the principal sum in the amount of $1,069,328.37, comprising interest on $15,000 from 8 June 2004 to 22 October 2010 at the prescribed court rate in the amount of $8,910.00 and interest on the reducing capital balance of $3,500,000 from 6 February 2007 to 22 October...