Bassal v Savills (NSW) Pty Limited (No 2) [2020] NSWSC 27

Bassal v Savills (NSW) Pty Limited (No 2) [2020] NSWSC 27

The plaintiffs should pay the defendant's costs on an ordinary basis up to 30 September 2014 and on an indemnity basis thereafter, because the defendant made a genuine offer of compromise that was not accepted by the plaintiffs, and the result was no less favourable to the defendant than the offer. However, a gross sum costs order was not appropriate due to evidentiary shortcomings, questions raised about the bills, and lack of evidence justifying departure from a formal costs assessment.

Parties
First Plaintiff: Terry Bassal; Second Plaintiff: Albert Moutalb Bassal; Defendant: Savills (NSW) Pty Limited
Jurisdiction
Australia
Judgment Date
03 February 2020
Procedural Posture
Costs Application (variation of Costs Order) in Civil Proceedings / Post Judgment (costs Variation Following Principal Judgment)
Outcome
Plaintiffs to pay defendant's costs on an ordinary basis up to 30 September 2014 and thereafter on an indemnity basis; each party to pay its own costs of this motion.
Legal Topics
Indemnity Costs, Gross Sum Costs, Offers of Compromise, Joint Venture Agreement, Breach of Contract, Negligence
Civil Procedure Costs Indemnity Costs Gross Sum Costs Offers of Compromise Joint Venture Agreement Breach of Contract Negligence

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Parties

Terry Bassal

First Plaintiff

Albert Moutalb Bassal

Second Plaintiff

Savills (NSW) Pty Limited

Defendant

Procedural Posture

Costs Application (variation of Costs Order) in Civil Proceedings / Post Judgment (costs Variation Following Principal Judgment)

Legal Issues

  1. 1 Whether the plaintiffs should pay the defendant's costs on an indemnity basis from 30 September 2014
  2. 2 Whether a gross sum costs order should be made under s 98(4)(c) Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The plaintiffs should pay the defendant's costs on an ordinary basis up to 30 September 2014 and on an indemnity basis thereafter, because the defendant made a genuine offer of compromise that was not accepted by the plaintiffs, and the result was no less favourable to the defendant than the offer. However, a gross sum costs order was not appropriate due to evidentiary shortcomings, questions raised about the bills, and lack of evidence justifying departure from a formal costs assessment.

Court Disposition

Plaintiffs to pay defendant's costs on an ordinary basis up to 30 September 2014 and thereafter on an indemnity basis; each party to pay its own costs of this motion.

Orders

  • Order 2 made on 24 July 2019 is varied such that the plaintiffs are to the pay the defendant's costs of these proceedings on an ordinary basis up to 30 September 2014 and thereafter on an indemnity basis.
  • Each party is to pay its own costs of this motion.