Harmer v Hare (No 2)

[2012] NSWCA 58

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. › Indemnity costs
4. › Offers of compromise
5. › Whether failure to renew offer before appeal hearing is a relevant discretionary factor
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.14(2), 51.49
1. Practice and Procedure
2. › Judgments and orders
3. › When judgment takes effect
4. › Whether court should order judgment take effect from earlier date
5. › Whether slip rule enlivened
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.4(3), 36.16, 36.17
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside and variation
4. › Time limit for application to vary
5. › Whether relief sought was consequential on judgment or sought to disturb it
6. › Whether time limit may be extended
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A), (3B), (3C)

Quick Take

A motion seeking to vary costs orders or to backdate the effective date of a judgment is an application to 'disturb' the judgment, not relief 'consequential on' it, and must be filed within the 14-day time limit under UCPR r 36.16. The slip rule under UCPR r 36.17 does not apply where the judgment reflects the accepted position of both parties. Failure to renew or vary an offer of compromise before an appeal hearing, particularly where nearly two years have elapsed since the offer, is a significant discretionary factor weighing against an award of indemnity costs.