Edmund James Bateman v Face Accountants Pty Limited [2010] NSWSC 1448

New South Wales Supreme Court

CITATION : Edmund James Bateman v Face Accountants Pty Limited [2010] NSWSC 1448

HEARING DATE(S) : 6 & 14 December 2010

JUDGMENT DATE : 14 December 2010

JUDGMENT OF : Hammerschlag J

DECISION : Plaintiff to pay 75 per cent of the defendants' costs, which are to be assessed on the ordinary basis until 2 June 2010 and on the indemnity basis thereafter. The costs thrown away by the plaintiff's amendment made during the course of the hearing to be borne on the ordinary basis.

CATCHWORDS : COSTS – where defendants successful on the basis that the plaintiff did not establish that their conduct caused him loss although they admitted, during the hearing that their conduct was misleading or deceptive or negligent – where the defendants made two offers of compromise, the first offering verdict for them and with them paying the plaintiff's costs and the second, offering $200,000 plus costs – HELD – that there should be an allowance in favour of the plaintiff because the defendants should have made the admission earlier but that the second offer of compromise was effective to give the plaintiff indemnity costs after adjusting for the allowance – the plaintiff ordered to pay 75 per cent of the defendants' costs on the ordinary basis up until the second offer of compromise and on the indemnity basis thereafter

Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Civil Liability Act 2002 (NSW)

CATEGORY : Consequential orders

Oshlack v Richmond River Council (1998) 193 CLR 72 Ingot Capital Investment & Ors v Macquarie Equity Capital Markets & Ors [No. 7] [2008] NSWSC 199 CASES CITED : Colgate-Palmolive & Anor v Cussons Pty Ltd (1993) 46 FCR 225 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (WA Branch) [No 2] (1993) 46 IR 301 Leichhardt Municipal Council v Green [2004] NSWCA 341