Suttram Pty Limited v Michelin Australia Pty Limited [2009] NSWDC 409

Suttram Pty Limited v Michelin Australia Pty Limited [2009] NSWDC 409

Indemnity costs are to be granted from 12 November 2007 due to a relevant offer of compromise; costs up until 11 November 2007 on an ordinary basis. No special circumstances exist to justify indemnity costs from the earlier date. The second defendant is not required to pay costs for the plaintiff’s joinder of the first defendant. The Notice of Motion dated 14 August 2009 is part of the principal proceedings; second defendant to pay costs of that motion on an indemnity basis. Plaintiff to pay costs incurred by the second defendant as a result of the third amended statement of claim. Each party to bear its own costs for appearances on 10 July 2009 and 14 August 2009. Plaintiff to pay the...

Parties
Plaintiff: Suttram Pty Limited; Second Defendant: Michelin Australia Pty Limited
Jurisdiction
Australia
Judgment Date
08 October 2009
Procedural Posture
Civil / Post Verdict Costs Determination
Outcome
Second defendant to pay plaintiff's costs on ordinary basis up until 11 November 2007, and on indemnity basis from 12 November 2007; further orders as specified below.
Legal Topics
Costs, Indemnity Costs, Offer of Compromise, Joinder of Parties, Amendment of Pleadings, Adjournment Costs
Civil Law Costs Indemnity Costs Offer of Compromise Joinder of Parties Amendment of Pleadings Adjournment Costs

Case Brief

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Parties

Suttram Pty Limited

Plaintiff

Michelin Australia Pty Limited

Second Defendant

Procedural Posture

Civil / Post Verdict Costs Determination

Legal Issues

  1. 1 Whether costs should be paid on an indemnity basis by the second defendant
  2. 2 Whether the start date of indemnity costs order should be varied
  3. 3 Whether the second defendant should pay the plaintiff's costs of joining the first defendant

Ratio Decidendi

Indemnity costs are to be granted from 12 November 2007 due to a relevant offer of compromise; costs up until 11 November 2007 on an ordinary basis. No special circumstances exist to justify indemnity costs from the earlier date. The second defendant is not required to pay costs for the plaintiff’s joinder of the first defendant. The Notice of Motion dated 14 August 2009 is part of the principal proceedings; second defendant to pay costs of that motion on an indemnity basis. Plaintiff to pay costs incurred by the second defendant as a result of the third amended statement of claim. Each party to bear its own costs for appearances on 10 July 2009 and 14 August 2009. Plaintiff to pay the...

Court Disposition

Second defendant to pay plaintiff's costs on ordinary basis up until 11 November 2007, and on indemnity basis from 12 November 2007; further orders as specified below.

Orders

  • Second defendant to pay plaintiff's costs of proceedings: ordinary basis up to 11 November 2007; indemnity basis from 12 November 2007 onward.
  • Plaintiff to bear its own costs of joining the first defendant.