Scope Data Systems Pty Ltd v Agostini Jarrett Pty Ltd & Anor [2007] NSWSC 971

Scope Data Systems Pty Ltd v Agostini Jarrett Pty Ltd & Anor [2007] NSWSC 971

All questions of liability and relief in the proceedings were determined or brought to an end by the terms on which leave to discontinue was granted and by the filing of the notice of discontinuance. The order preventing the plaintiff from relying on the claims for relief made in the proceedings was more favourable to the defendants than their offer of compromise. Accordingly the offer could be disclosed and UCPR 42.15A applied, entitling the defendants to ordinary costs to 24 June 2006 and indemnity costs thereafter.

Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Proceedings by Summons Seeking Relief Against Former Solicitors, Including Under the Legal Profession Act 1987 and Other Bases, Later Discontinued / Costs Determination Following Leave to Discontinue and Filing of Notice of Discontinuance
Outcome
The defendants' application for costs on an ordinary basis to 24 June 2006 and thereafter on an indemnity basis was granted.
Legal Topics
['discontinuance' 'offer of Compromise' 'indemnity Costs' 'disclosure of Offers to the Court']
['civil Procedure' 'costs' 'legal Profession'] ['discontinuance' 'offer of Compromise' 'indemnity Costs' 'disclosure of Offers to the Court']

Case Brief

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Procedural Posture

Proceedings by Summons Seeking Relief Against Former Solicitors, Including Under the Legal Profession Act 1987 and Other Bases, Later Discontinued / Costs Determination Following Leave to Discontinue and Filing of Notice of Discontinuance

Legal Issues

  1. 1 ["Whether the defendants' notice of offer of compromise was admissible after the proceedings were discontinued on terms" 'Whether the defendants had obtained an order or judgment on the claim as favourable to them, or more favourable to them, than the offer for the purposes of UCPR 42.15A' 'Whether the defendants were entitled to costs on an ordinary basis to 24 June 2006 and thereafter on an indemnity basis']

Ratio Decidendi

All questions of liability and relief in the proceedings were determined or brought to an end by the terms on which leave to discontinue was granted and by the filing of the notice of discontinuance. The order preventing the plaintiff from relying on the claims for relief made in the proceedings was more favourable to the defendants than their offer of compromise. Accordingly the offer could be disclosed and UCPR 42.15A applied, entitling the defendants to ordinary costs to 24 June 2006 and indemnity costs thereafter.

Court Disposition

The defendants' application for costs on an ordinary basis to 24 June 2006 and thereafter on an indemnity basis was granted.

Orders

  • ["The plaintiff is to pay the defendants' costs of these proceedings on an ordinary (party-party) basis to 24 June 2006 and thereafter on an indemnity basis."]