Bluth v Boyded Industries Pty Ltd (No 2)

[2024] NSWCA 194

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Defendant's offer not accepted
5. › Judgment no less favourable to defendant than offer
6. › Whether court should 'order otherwise' under UCPR 42.15A
7. › Whether indemnity costs should follow
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A
1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Offer not renewed between trial and appeal
5. › Whether pre-trial offer of compromise supports indemnity costs order on appeal
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.15A
1. Practice and Procedure
2. › Variation of orders
3. › Time limits
4. › Whether informal notice to opposing party within 14-day period sufficient
5. › Whether requirement for notice of motion may be dispensed with
6. › Civil Procedure Act 2005 (NSW), s 14
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 18.2, 36.16(3A)

Quick Take

Written notice to the opposing party must be given within 14 days of judgment when seeking to vary costs orders after judgment, even if a formal notice of motion is not filed, as informal notice may be sufficient to enliven the Court's discretion to dispense with the notice of motion requirement under s 14 of the Civil Procedure Act.