Moore v Keane [2026] NSWSC 565

[2026] NSWSC 565

Supreme Court of NSW

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Interrogate

Catchwords

1. COSTS — party/party — orders when proceedings involve multiple parties — Bullock and Sanderson orders — where offers of compromise made and rejected — whether Bullock or Sanderson order should be made — whether unsuccessful defendant should be ordered to pay costs payable by plaintiff to the successful defendant — whether plaintiff should be ordered to pay costs of the successful defendant

Quick Take

The Court refused a Bullock or Sanderson order where the plaintiff sued two defendants for independent acts of negligence and the unsuccessful defendant had not, by express or implied assertion, deflected the plaintiff into suing the successful defendant or created uncertainty about the identity of the proper defendant. A mere denial of liability and cross-claims for contribution between co-defendants did not constitute the 'something more' required by Gould v Vaggelas and Dominello (No 2). The Court also held that a walk-away offer of compromise under UCPR 20.26 was effectively superseded by a later, more generous joint offer incapable of separate acceptance, such that the offeror could not rely on the earlier offer to obtain indemnity costs against the plaintiff.