Roads and Traffic Authority of New South Wales v Turner and Anor

[2008] NSWCA 241

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offer of compromise
4. › Pre-trial offer of compromise
5. › Effect on costs of appeal where judgment reduced on appeal but still exceeds offer
6. › Whether plaintiff entitled to indemnity costs of appeal
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Successful appellant
5. › Whether pre-trial offer of compromise displaces general rule that costs follow the event
6. › UCPR Pt 42.1

Quick Take

A pre-trial offer of compromise that is not bettered at trial will support indemnity costs of the trial, but will not automatically affect the costs of a successful appeal. An appeal is treated as a fresh proceeding creating a fresh opportunity for compromise, and the general rule that costs follow the event applies to the appeal. The weight of a pre-trial offer diminishes where the appeal concerns narrower issues than those at trial.