Shellharbour City Council v Johnson [No 2] [2006] NSWCA 114

Shellharbour City Council v Johnson [No 2] [2006] NSWCA 114

Where a plaintiff makes a reasonable offer of compromise that is not accepted and obtains a judgment no less favourable than the offer in personal injury litigation with damages under $100,000, the court may order indemnity costs for the period after the offer, and such indemnity costs are excepted from the statutory maximum under s 198D.

Jurisdiction
Australia
Judgment Date
05 July 2006
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Orders made in favour of the plaintiff/respondent for costs, including indemnity costs after the date of the offer of compromise.
Legal Topics
['costs' 'indemnity Costs' 'offer of Compromise' 'statutory Construction' 'personal Injury Damages']
['civil Procedure' 'personal Injury'] ['costs' 'indemnity Costs' 'offer of Compromise' 'statutory Construction' 'personal Injury Damages']

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ["Whether costs should be assessed on an indemnity basis after the defendant's failure to accept a reasonable offer of compromise in a personal injury appeal with damages under $100,000" 'Whether s 198F of the Legal Profession Act 1987 or court rules provide the authority for an indemnity costs order' 'Whether indemnity costs are excluded from the maximum fixed costs in s 198D of the Legal Profession Act 1987']

Ratio Decidendi

Where a plaintiff makes a reasonable offer of compromise that is not accepted and obtains a judgment no less favourable than the offer in personal injury litigation with damages under $100,000, the court may order indemnity costs for the period after the offer, and such indemnity costs are excepted from the statutory maximum under s 198D.

Court Disposition

Orders made in favour of the plaintiff/respondent for costs, including indemnity costs after the date of the offer of compromise.

Orders

  • ["The defendant is to pay the plaintiff's costs of the appeal up to and including 22 June 2005 on an ordinary (party/party) basis and thereafter on an indemnity basis." "The defendant is to pay the plaintiff's costs of this application."]