Mendonca v Tonna (No 3)

[2020] NSWCA 332

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying judgment
4. › Application to reopen judgment of Court of Appeal
5. › Whether judgment proceeded on misapprehension of facts or law
6. › Whether further evidence warranted reopening
7. › Whether evidence could have been obtained with reasonable diligence
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise
5. › Result less favourable to offeree than offer
6. › Whether rejection of offer unreasonable
7. › Whether offer represented genuine compromise
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.14, 51.47, 51.48

Quick Take

Further evidence obtained after judgment will not warrant reopening where reasonable diligence could have uncovered it earlier, and rejection of a genuine offer of compromise will attract indemnity costs absent demonstrated reasonableness of the rejection.

Case Details

Citation[2020] NSWCA 332

CourtNSWCA

JurisdictionNew South Wales

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Relies on10

2020Mendonca v TonnaNSWCA 224
2020Mendonca v TonnaNSWCA 196
2020Tonna v Mendonca (No 2)NSWSC 306
2019Tonna v MendoncaNSWSC 1849
and 6 more after sign-in

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