A F Concrete Pumping Pty Ltd v Ryan (No 2)

[2015] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether appeal not fairly arguable so as to justify indemnity costs from outset
5. › Unaccepted settlement offer as basis for indemnity costs from date of offer
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(1), 42.2, 42.5(b)
1. Practice and Procedure
2. › Costs
3. › Assessment of costs
4. › Whether question of unreasonably incurred costs is matter for assessment not for the court on the motion
5. › Legal Profession Act 2004 (NSW), Pt 3.2, Div 4

Quick Take

An appeal that is unsuccessful does not automatically warrant indemnity costs; the arguments must be shown to be obviously hopeless. An unaccepted settlement offer can justify indemnity costs from the date of the offer. Disputes about whether specific costs were unreasonably incurred under UCPR r 42.5(b) are matters for costs assessment under the Legal Profession Act 2004 (NSW), not for the court on a costs motion.

Case Details

Citation[2015] NSWCA 10

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

2013Ryan v A F Concrete Pumping Pty Limited (No 2)NSWSC 219
2013Ryan & another v A F Concrete Pumping Pty Ltd & anotherNSWSC 113

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