Prestige Residential Marketing Pty Ltd v Depune Pty Ltd (No 2)

[2008] NSWCA 341

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise under rules of court
5. › Whether offer involved genuine element of compromise
6. › Whether discount of almost five per cent constituted real compromise
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Notice to admit facts and authenticity of documents
5. › Failure to admit facts subsequently proved
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.8, 42.9
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Whether pre-trial offer of compromise relevant to costs of appeal
5. › Whether indemnity costs appropriate on appeal absent offer specific to appeal proceedings
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.13
1. Practice and Procedure
2. › Costs
3. › Interest on costs
4. › Power to order interest on costs from date paid
5. › Civil Procedure Act 2005 (NSW), s 101(4), (5)

Quick Take

A discount of almost five per cent of the total claim in an offer of compromise under r 20.26 UCPR is sufficient to constitute a genuine element of compromise triggering indemnity costs under r 42.14. However, a pre-trial offer of compromise, without a separate offer in respect of the appeal, is insufficient to warrant indemnity costs of the appeal where the respondent had obtained judgment below. Interest on costs may be ordered under s 101(4) CPA from the dates on which costs were paid.