GRAY (CONSTRUCTIONS) PTY LTD v HOGAN (No 2) [2000] NSWCA 68

GRAY (CONSTRUCTIONS) PTY LTD v HOGAN (No 2) [2000] NSWCA 68

The appellant's offer of compromise complied with the rules and was not accepted; the ultimate judgment was more favourable to the appellant; nothing in the respondent's reasons for not accepting the offer was sufficient to displace the presumption for solicitor and client costs under the rules, but this did not extend to the costs of the appeal.

Parties
Appellant: W C Gray (Constructions) Pty Ltd; Respondent: Noelene Hogan
Jurisdiction
Australia
Judgment Date
30 March 2000
Procedural Posture
Appeal / Costs Order After Appellate Judgment
Outcome
Costs order varied
Legal Topics
Costs, Offers of Compromise, Solicitor and Client Costs, Judicial Discretion
Civil Procedure Costs Offers of Compromise Solicitor and Client Costs Judicial Discretion

Case Brief

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Parties

W C Gray (Constructions) Pty Ltd

Appellant

Noelene Hogan

Respondent

Procedural Posture

Appeal / Costs Order After Appellate Judgment

Legal Issues

  1. 1 Whether costs should be assessed on a solicitor and client basis following an unaccepted offer of compromise pursuant to District Court Rules
  2. 2 Whether the respondent's position justified a departure from the usual costs order

Ratio Decidendi

The appellant's offer of compromise complied with the rules and was not accepted; the ultimate judgment was more favourable to the appellant; nothing in the respondent's reasons for not accepting the offer was sufficient to displace the presumption for solicitor and client costs under the rules, but this did not extend to the costs of the appeal.

Court Disposition

Costs order varied

Orders

  • Order 3(4) of 3 March 2000 amended to add 'on a solicitor and client basis' in the lower court
  • Costs of the appeal remain on the usual basis, not solicitor and client