Diamond v Simpson (No 2)

[2003] NSWCA 78

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Offer of compromise made at trial
5. › Whether offer continues to have costs consequences on appeal
6. › Supreme Court Rules Pt 52A r 11
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Apportionment of costs
5. › Damages appeal with multiple heads of damage
6. › Appellant succeeding on some issues but not others
7. › Discretion as to costs
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity costs should be ordered where verdict exceeds offer of compromise

Quick Take

A pre-trial offer of compromise continues to have costs consequences on appeal under Supreme Court Rules Part 52A Rule 11, but the discretion is broad: where an appellant achieves a substantial monetary reduction on appeal but fails to beat the respondent's offer, the court may still award the appellant a proportion of costs reflecting the degree of success on the issues raised. In a multi-issue damages appeal where the appellant succeeded on approximately half of the contested heads, 66% of costs was awarded.