Ana Carvalho v Kensington Bowling Club
[2010] NSWDC 330
At a glance
Source factsCourt
District Court of NSW
Decision date
2010-12-10
Source
Original judgment source is linked above.
Judgment (9 paragraphs)
- These proceedings have just concluded by my entering a verdict and judgment for the defendant.
- Mr Turnbull of counsel, for the defendant, has applied for an order under UCPR 42.15A. He wants indemnity costs from the time that an offer of compromise was served by his instructing solicitors on the solicitor for the plaintiff.
- It is agreed that the offer of compromise was served on Wednesday 11 August 2010. The offer of compromise became exhibit 1 in these proceedings. The offer put by Mr Turnbull's client, the defendant, to the plaintiff was to compromise the matter by consenting to orders in the form of a verdict and judgment for the defendant and no order as to costs. Mr Turnbull argued that costs under the Rule should be awarded on an indemnity basis from 13 August 2010.