Koprivnjak v Koprivnjak (No 2)

[2023] NSWCA 62

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Compliance with UCPR r 20.26
5. › Whether offer identified the claim to which it related
6. › Whether offer bore statement that it was made in accordance with the rules
7. › 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. › Offers of compromise
5. › Whether offer contained genuine element of compromise
6. › Walk away offer where respondent foregoes costs
7. › Whether unreasonable not to accept offer
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.15A(2)
1. Practice and Procedure
2. › Costs
3. › Interest after judgment
4. › Whether court should make order displacing operation of Civil Procedure Act 2005 (NSW), s 101

Quick Take

A 'walk away' offer proposing dismissal with no order as to costs can constitute a genuine compromise where the offeror has incurred not insignificant costs, and a reference to the relevant Part and Division of the UCPR satisfies the requirement of r 20.26(2)(d).