U'BRIEN v KASSOUF [1999] NSWCA 276

U'BRIEN v KASSOUF [1999] NSWCA 276

The primary judge's reasons did not support displacing the operation of the relevant rule governing costs following the event, as nothing in the litigation made it exceptional, and thus costs should be awarded accordingly.

Jurisdiction
Australia
Judgment Date
29 July 1999
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal upheld
Legal Topics
['costs' 'settlement Offers']
['civil Procedure'] ['costs' 'settlement Offers']

Case Brief

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Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in the exercise of discretion on costs following the rejection of a settlement offer']

Ratio Decidendi

The primary judge's reasons did not support displacing the operation of the relevant rule governing costs following the event, as nothing in the litigation made it exceptional, and thus costs should be awarded accordingly.

Court Disposition

Appeal upheld

Orders

  • ["In lieu of previous costs order, defendant to pay plaintiff's costs up to and including 16 December 1996 assessed on a party and party basis; plaintiff to pay defendant's costs thereafter assessed on a party and party basis." 'No order as to the costs of the appeal.']