Gray v Hobson (No 2)

[2018] NSWCA 131

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Offer of compromise
3. › Period open for acceptance
4. › Whether period was 'reasonable in the circumstances'
5. › Offer made shortly before trial
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26(5), 42.14
1. Costs
2. › Indemnity costs
3. › Appeal costs
4. › Offer of compromise at trial not renewed for appeal
5. › Whether unrenewed offer founds indemnity costs order on appeal
1. Costs
2. › Interest on costs
3. › Default position under statute
4. › Whether sufficient reason to depart from default
5. › Civil Procedure Act 2005 (NSW), s 101(4), (5)
1. Costs
2. › Apportionment of costs
3. › Appellant successful on liability but unsuccessful on quantum
4. › Whether costs should be apportioned by issue
5. › Civil Procedure Act 2005 (NSW), s 98

Quick Take

An offer of compromise open for approximately two days shortly before trial may be open for a reasonable period where the parties have participated in a mediation and are well-advanced in preparation, particularly where the offeree demonstrates capacity to assess the offer by making a counter-offer within the period.