Metri v Nestlé Australia Ltd (No 2) [2021] NSWSC 518

Metri v Nestlé Australia Ltd (No 2) [2021] NSWSC 518

The plaintiff obtained a judgment no less favourable than the first of several offers of compromise made under UCPR r 20.26. The first defendant did not establish exceptional circumstances to displace the indemnity costs result under UCPR r 42.14. The first defendant's conduct led to the joinder of the second defendant, so it is just to order the first defendant to pay the second defendant's costs of the cross-claim and defending the plaintiff's claim.

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Costs Ruling (post Judgment) / Determination of Costs Following Principal Judgment
Outcome
Orders made for costs as per reasons.
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs' 'cross Claims']
['civil Procedure' 'tort Law'] ['costs' 'offers of Compromise' 'indemnity Costs' 'cross Claims']

Case Brief

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Procedural Posture

Costs Ruling (post Judgment) / Determination of Costs Following Principal Judgment

Legal Issues

  1. 1 ["Whether costs should be awarded on an indemnity basis following plaintiff's offers of compromise under UCPR r 20.26" "Whether the first defendant should bear the costs of the second defendant in defending the plaintiff's claim and on the cross-claim"]

Ratio Decidendi

The plaintiff obtained a judgment no less favourable than the first of several offers of compromise made under UCPR r 20.26. The first defendant did not establish exceptional circumstances to displace the indemnity costs result under UCPR r 42.14. The first defendant's conduct led to the joinder of the second defendant, so it is just to order the first defendant to pay the second defendant's costs of the cross-claim and defending the plaintiff's claim.

Court Disposition

Orders made for costs as per reasons.

Orders

  • ["Order the first defendant to pay the plaintiff's costs of the proceedings on the ordinary basis up until and including 10 November 2017 and on an indemnity basis thereafter." "Order the first defendant/cross-claimant to pay the second defendant/cross-defendant's costs of the proceedings, comprising its costs of...