R T & Y E Falls Investments Pty Ltd v NSW (No 2)

[2007] NSWCA 86

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Plaintiff obtaining judgment no less favourable than offer
5. › Whether court should otherwise order
6. › Effect of plaintiff's conduct of proceedings on costs entitlement
7. › Supreme Court Rules, Pt 52A r 22(4)
8. › Uniform Civil Procedure Rules, Pt 42 r 42.14
1. Practice and Procedure
2. › Costs
3. › Multiple trials and appeals
4. › Apportionment of costs
5. › Whether successful party's conduct in failing to articulate case properly justified departure from usual costs order
6. › Whether costs of first trial should be borne by ultimately successful plaintiff
1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Whether offer made before first trial affects costs of appeal where no fresh offer made
5. › Discretion as to costs of appeal

Quick Take

A plaintiff's failure to properly articulate its successful cause of action at an early stage may result in the court declining to award costs of earlier proceedings, even where the plaintiff ultimately succeeds and had made an offer of compromise that was not accepted. An offer of compromise carries no weight in determining costs of a trial where the plaintiff conducted that trial in such a way that the appellate court was not prepared to find it should have succeeded.