[2008] NSWCA 90
AAMI LIMITED v HAIN
1. Respondent's costs of the appeal up to 7 August 2007 be assessed on an ordinary basis2. The respondent's costs of the appeal thereafter be assessed on an indemnity basis.
Catchwords
COSTS - application for indemnity costs - offer of compromise by respondent - offer not accepted
Judgment
- [1]
BEAZLEY JA: I agree with McClellan CJ at CL.
- [2]
TOBIAS JA: I agree with McClellan CJ at CL.
- [3]
McCLELLAN CJ at CL : The Court handed down judgment in this matter on 1 April 2008. The appeal was dismissed but following an application by counsel for both parties the question of costs was reserved to await further submissions. Those submissions have now been received.
- [4]
The Court has been informed that by letter dated 6 August 2007 the solicitors for the respondent served on the appellant’s solicitors an offer of compromise. By that offer the respondent offered to compromise the claim to the extent that the verdict and judgment of the trial judge be reduced by 10 percent. The appellant did not accept the respondent’s offer.
- [5]
The respondent now seeks an order for indemnity costs from 7 August 2007. An opportunity was provided for the appellant to make submissions as to why the orders which the respondent seeks should not be made. The appellant was content to make no submissions in the matter.
- [6]
In these circumstances the following orders for costs should be made: 1. That the respondent’s costs of the appeal up to 7 August 2007 be assessed on an ordinary basis. 2. That the respondent’s costs of the appeal thereafter be assessed on an indemnity basis.