South Sydney Council v Morris (No 2) [2000] NSWCA 216

South Sydney Council v Morris (No 2) [2000] NSWCA 216

The application for indemnity costs should be adjourned until after the trial judge decides on the costs for the trial, as pre-trial offers may impact overall costs orders.

Jurisdiction
Australia
Judgment Date
16 August 2000
Procedural Posture
Appeal / Application for Indemnity Costs Following Appeal Judgment
Outcome
Application for indemnity costs adjourned. Costs of the application to date reserved.
Legal Topics
['costs' 'indemnity Costs' 'offer of Settlement']
['civil Procedure'] ['costs' 'indemnity Costs' 'offer of Settlement']

Case Brief

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Procedural Posture

Appeal / Application for Indemnity Costs Following Appeal Judgment

Legal Issues

  1. 1 ['Whether the respondent should be awarded indemnity costs for the appeal']

Ratio Decidendi

The application for indemnity costs should be adjourned until after the trial judge decides on the costs for the trial, as pre-trial offers may impact overall costs orders.

Court Disposition

Application for indemnity costs adjourned. Costs of the application to date reserved.

Orders

  • ["The application for indemnity costs made by the respondent be adjourned pending the outcome of the trial judge's consideration of costs." 'The costs of the application to date are reserved.']