Aukuso v Tahan [No 2]

[2018] NSWCA 302

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying judgment after entry
4. › Time limit for filing notice of motion
5. › Whether court has jurisdiction where application made outside 14-day time limit
6. › Whether s 14 of Civil Procedure Act 2005 (NSW) permits dispensation with filing requirement
7. › Whether adequate notice given within time
8. › Civil Procedure Act 2005 (NSW), s 14
9. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.16(3C)
1. Costs
2. › Offers of settlement
3. › Offer of compromise by defendant
4. › Offer not accepted by plaintiff
5. › Outcome substantially similar to offer
6. › Whether proper basis for departure from prima facie rule for indemnity costs
7. › Whether late service of appeal books deprived offeree of reasonable opportunity to consider offer
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15

Quick Take

Where a party seeks to vary a costs order after entry, adequate informal notice to the court and the other party within the 14-day period under UCPR r 36.16(3A) may be sufficient to enliven the s 14 dispensation power, but an offeror's failure to serve relevant material in time for the offeree to properly assess an offer of compromise may constitute a proper basis for departure from the prima facie indemnity costs rule.