Bonanno v Finamore (No 2)

[2023] NSWCA 24

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise
5. › Whether offer involved genuine compromise by foregoing something of substance
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A, 51.47, 51.48
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise
5. › Whether court should 'otherwise order'
6. › Discretion to deny indemnity costs
7. › Factors relevant to exercise of discretion
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.15A

Quick Take

The benefit foregone in an offer of compromise is assessed not only at the date of the offer but at the end of the acceptance period, and the reasonableness of non-acceptance is not determinative of the 'otherwise order' discretion.