Patrick Stevedores (No 1) Pty Limited v Vaughan (Costs)

[2002] NSWCA 422

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise
5. › Whether offer of compromise made at trial continues to have costs consequences on appeal
6. › Whether indemnity costs should be awarded for period of appeal prior to second offer of compromise
7. › Discretionary considerations
8. › Supreme Court Rules 1970 (NSW), Pt 52A r 22
1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Effect of rejected offer on appeal costs
5. › Whether novel factual circumstances and reasonableness of bringing appeal justify withholding indemnity costs
6. › Supreme Court Rules 1970 (NSW), Pt 52A r 22(4)

Quick Take

An offer of compromise made before trial continues to have costs consequences on appeal, but the court retains a discretion to withhold indemnity costs for the appeal period where the factual circumstances were novel and the appeal was not unreasonable to bring. A second offer of compromise made during the appeal will trigger indemnity costs from the date of its receipt if the appeal result is more favourable to the offeror.