NSW Caselaw
New South Wales Supreme Court
CITATION : Kain v Mobbs (No 2) [2008] NSWSC 599
HEARING DATE(S) : 12 June 2008
JUDGMENT DATE : 18 June 2008
JUDGMENT OF : Harrison J
DECISION : Third and fourth defendants' application for indemnity costs refused.
CATCHWORDS : COSTS – application for indemnity costs – Offer of Compromise sent by third and fourth defendants to the plaintiff offering settlement in terms "judgment and verdict for [those defendants] with each party to pay their own costs" – whether genuine offer of compromise – whether discretion to award indemnity costs should be exercised - COSTS – Offer of Compromise - offer not bear a statement to the effect that the offer was made in accordance with the rules, contrary to UCPR 20.26(3)(a) - whether offer valid otherwise than as a Calderbank offer
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
CATEGORY : Consequential orders
Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375 CASES CITED : Kain v Mobbs [2008] NSWSC 383 Leichhardt Municipal Council v Green [2004] NSWCA 341 Szabo v Battye (No 2) [2006] NSWSC 1392
Cosmo Joel Kain by his tutor Shirlee Kain (Plaintiff) Janette Mobbs (First defendant) PARTIES : Nicholas Heath Mobbs (Second defendant) Surfside Bus Lines Pty Ltd (Third defendant) Roland Lutz (Fourth defendant)
FILE NUMBER(S) : SC 20077 of 2003
I J McGillicuddy (Plaintiff) COUNSEL : P J Deakin QC with P J Nolan (First and second defendants) K P Rewell SC (Third and fourth defendants)
Stacks Goudkamp (Plaintiff) SOLICITORS : Moray & Agnew (First and second defendants) Keddies (Third and fourth defendants)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate