Estate of the Late J J Virgona by its Executors v De Lautour (No 2)

[2007] NSWCA 323

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 before trial entitles offeror to indemnity costs of appeal
6. › Whether offer must be renewed after trial to claim indemnity costs of appeal
7. › Uniform Civil Procedure Rules 2005 (NSW), Pt 20 r 20.26, Pt 42 r 42.15A
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise
5. › Respondent's concession of prima facie entitlement to indemnity costs of trial proceedings
6. › Relevance of seriousness of injuries to reasonableness of rejection of offer

Quick Take

Where an offer of compromise under UCPR Pt 20 r 20.26 substantially pre-dates the appeal, the offeror was successful at trial below, and considerable time has elapsed between trial and appeal, the offeror must renew the offer after trial to claim indemnity costs of the appeal. The seriousness of a plaintiff's injuries and the fact that an offer would leave the plaintiff without a remedy are irrelevant to the reasonableness of rejecting an offer of compromise.