The Owners – Strata Plan No 87265 v Saaib (No 2) [2021] NSWSC 394

The Owners – Strata Plan No 87265 v Saaib (No 2) [2021] NSWSC 394

Mr Saaib is entitled to indemnity costs from 31 July 2019, as the 30 July 2019 offer was a valid offer of compromise under UCPR r 20.26, made late in proceedings with significant compromise (forgoing substantial costs), and the Owners Corporation had sufficient opportunity to assess its case and the offer, failing to show circumstances warranting an order otherwise under r 42.15A. The application for a stay of costs enforcement is refused as no evidence or grounds for a stay were demonstrated.

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Civil / Post Trial (application for Indemnity Costs)
Outcome
application granted in part
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'stay of Execution']
['civil Procedure'] ['costs' 'offers of Compromise' 'indemnity Costs' 'stay of Execution']

Case Brief

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Procedural Posture

Civil / Post Trial (application for Indemnity Costs)

Legal Issues

  1. 1 ['Should indemnity costs be ordered based on offers of compromise under Uniform Civil Procedure Rules 2005 (NSW)?' 'Was the 5 June 2017 offer a valid offer of compromise under UCPR r 20.26?' 'Should the costs order be stayed pending potential appeal?']

Ratio Decidendi

Mr Saaib is entitled to indemnity costs from 31 July 2019, as the 30 July 2019 offer was a valid offer of compromise under UCPR r 20.26, made late in proceedings with significant compromise (forgoing substantial costs), and the Owners Corporation had sufficient opportunity to assess its case and the offer, failing to show circumstances warranting an order otherwise under r 42.15A. The application for a stay of costs enforcement is refused as no evidence or grounds for a stay were demonstrated.

Court Disposition

application granted in part

Orders

  • ["Order (2) made on 1 March 2021 varied: Plaintiff to pay First Defendant's costs up to 30 July 2019 on ordinary basis; thereafter on indemnity basis, subject to any costs orders already made." "Plaintiff to pay First Defendant's costs of this application on the ordinary basis." 'Application for stay of enforcement...