Rose v Boxing NSW Inc & Anor (Costs) [2007] NSWSC 256

Rose v Boxing NSW Inc & Anor (Costs) [2007] NSWSC 256

The first defendant is to pay the plaintiff's costs because the plaintiff succeeded on all major issues and bettered the defendants' offer of compromise; however, the plaintiff is to pay the costs of the second defendant to the extent they exceed those incurred on behalf of the first defendant, as joinder of the second defendant was unnecessary.

Parties
Plaintiff: Wayne John Rose; First Defendant: Boxing NSW Incorporated; Second Defendant: Arthur Tunstall
Jurisdiction
Australia
Judgment Date
31 January 2007
Procedural Posture
Costs Hearing / Post Judgment
Outcome
First defendant to pay plaintiff's costs; plaintiff to pay additional costs of second defendant over and above first defendant's costs.
Legal Topics
Costs, Offers of Compromise, Joinder of Parties
Civil Procedure Costs Offers of Compromise Joinder of Parties

Case Brief

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Parties

Wayne John Rose

Plaintiff

Boxing NSW Incorporated

First Defendant

Arthur Tunstall

Second Defendant

Procedural Posture

Costs Hearing / Post Judgment

Legal Issues

  1. 1 Whether first defendant should pay plaintiff's costs despite prior compromise offer
  2. 2 Whether plaintiff should pay additional costs attributable to unnecessary joinder of second defendant

Ratio Decidendi

The first defendant is to pay the plaintiff's costs because the plaintiff succeeded on all major issues and bettered the defendants' offer of compromise; however, the plaintiff is to pay the costs of the second defendant to the extent they exceed those incurred on behalf of the first defendant, as joinder of the second defendant was unnecessary.

Court Disposition

First defendant to pay plaintiff's costs; plaintiff to pay additional costs of second defendant over and above first defendant's costs.

Orders

  • First defendant to pay plaintiff's costs of proceedings.
  • Plaintiff to pay second defendant's costs to the extent those costs are additional to those which would have been incurred by the first defendant in any event.