Hardwick v Jankowski (No.2) [2019] NSWDC 108

Hardwick v Jankowski (No.2) [2019] NSWDC 108

The plaintiff did not change its case and the defendant had sufficient time and information to consider the offer; no exceptional circumstances have been established to displace the ordinary operation of the rules regarding indemnity costs.

Parties
Plaintiff: Thomas Peter Hardwick; Defendant: James Jankowski
Jurisdiction
Australia
Judgment Date
08 April 2019
Procedural Posture
Civil / Costs Determination Following Judgment
Outcome
Application for indemnity costs granted; orders made as per paragraph 16.
Legal Topics
Offer of Compromise, Indemnity Costs, Exceptional Circumstances
Practice and Procedure Costs Offer of Compromise Indemnity Costs Exceptional Circumstances

Case Brief

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Parties

Thomas Peter Hardwick

Plaintiff

James Jankowski

Defendant

Procedural Posture

Civil / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to indemnity costs from 23 February 2019 after offering a compromise and obtaining a more favourable outcome than the settlement sum offered
  2. 2 Whether 'exceptional circumstances' exist to preclude the plaintiff from indemnity costs

Ratio Decidendi

The plaintiff did not change its case and the defendant had sufficient time and information to consider the offer; no exceptional circumstances have been established to displace the ordinary operation of the rules regarding indemnity costs.

Court Disposition

Application for indemnity costs granted; orders made as per paragraph 16.

Orders

  • The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 22 February 2019.
  • The defendant is to pay the plaintiff's costs on an indemnity basis from 23 February 2019.