Archer v Archer No 2 [2000] NSWCA 315

Archer v Archer No 2 [2000] NSWCA 315

The trial judge's discretion miscarried because the indemnity costs order was based on an offer of compromise made jointly to parties whose causes of action were several; the offer was not capable of individual acceptance, so there was no basis for an indemnity costs order founded on failure to accept it.

Jurisdiction
Australia
Judgment Date
09 November 2000
Procedural Posture
Appeal Concerning Costs and Indemnity Costs / Court of Appeal From Supreme Court Equity Division
Outcome
Appeal allowed.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'capability of Acceptance']
['civil Procedure' 'costs'] ['indemnity Costs' 'offer of Compromise' 'capability of Acceptance']

Case Brief

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Procedural Posture

Appeal Concerning Costs and Indemnity Costs / Court of Appeal From Supreme Court Equity Division

Legal Issues

  1. 1 ["Whether the trial judge's order for indemnity costs based on an unaccepted offer of compromise was made on a wrong principle." 'Whether an offer of compromise made jointly to parties with several causes of action was capable of individual acceptance.']

Ratio Decidendi

The trial judge's discretion miscarried because the indemnity costs order was based on an offer of compromise made jointly to parties whose causes of action were several; the offer was not capable of individual acceptance, so there was no basis for an indemnity costs order founded on failure to accept it.

Court Disposition

Appeal allowed.

Orders

  • ['Appeal allowed.' 'Set aside the orders of the trial judge in respect of costs of both trials.' 'Order that the appellants pay the costs of the first trial.' 'Order that the first appellant (Mrs Archer) pay the costs of the second trial.' "Order that the respondent pay the costs of this appeal but have a...