NSWNSWSC
Spiliotopoulos v National Australia Bank Limited
[2017] NSWSC 1069
Supreme Court of NSW|2017-09-27|Before: Harrison J
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Source factsCourt
Supreme Court of NSW
Decision date
2017-09-27
Before
Harrison J
Source
Original judgment source is linked above.
Judgment (3 paragraphs)
[1]
Judgment
- HIS HONOUR: On 21 July 2017, I published my reasons for judgment in an application by two of the defendants to dismiss part of Mr Spiliotopoulos' claim: see Spiliotopoulos v National Australia Bank Ltd [2017] NSWSC 971. I made the following orders: 1. Dismiss the proceedings against the first defendant and the third defendant with costs. 2. Dismiss the plaintiff's application to replead.
- By her notice of motion filed on 4 August 2017, Ms Jackson seeks an order that her costs after 20 August 2016 be paid on an indemnity basis. That application proceeds in accordance with UCPR 20.26 and is based upon an offer of compromise made by her solicitor Lisa Boler on 19 August 2016. That offer is relevantly in the following terms: "Our client makes the following Offer of Compromise pursuant to Rule 20.26 of the Uniform Civil Procedure Rules 2005 (NSW) in relation to the entirety of your client's claim against her: 1. That the proceedings against the Third Defendant be dismissed. This offer is open for a period of 28 days after the date of this letter."
- Mr Spiliotopoulos' solicitor Robert Haralovic replied on 25 August 2016 in these terms: "Thank you for your letter of 19 August 2016. We acknowledge it. We have no instructions at this time for reasons as will be evidence [sic] shortly."
- The offer was not accepted and it lapsed.
- Ms Jackson made the following submissions: 1. The offer complied with UCPR 20.26(2)(a)(i): it refers to the "entirety of your client's claim." 2. The offer proposes an order that the "proceedings against the Third Defendant be dismissed," in compliance with UCPR 20.26(2)(a)(ii). 3. The offer does not include an amount for costs and is not expressed to be inclusive of costs, in compliance with UCPR 20.26(2)(c). 4. The offer bears a statement that it is made in accordance with the rules, in compliance with UCPR 20.26(2)(d). 5. The offer specifies that it is open for acceptance for a period of 28 days, in compliance with UCPR 20.26(2)(f).
- Pursuant to UCPR 42.15A, subject to any matters that Mr Spiliotopoulos might raise in opposition, Ms Jackson is entitled to costs on an indemnity basis from the day following the day on which the offer was made, because the orders made in her favour by me on 21 July 2017 dismissing the claim against her "with costs" is a result that is "no less favourable to [her] than the terms of the offer" made by Ms Jackson on 19 August 2016.