But offeror pl will seek indemnity costs from date of

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Oracle 12c: SQL
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Chapter 7 / Exercise 4
Oracle 12c: SQL
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But offeror (pl) will seek indemnity costs from date of offer onwards (rr 42.14-42.15A) Rationale – offer was better than what offeree was entitled to. Offeree (def) should have accepted $1M offer Incentive to accept reasonable offers. Example 2 Defendant serves offer of compromise on 4/1/18 for $1,000,000 plus will pay plaintiff’s costs as agreed or assessed. Plaintiff rejects the offer. Judgment entered for $500,000 on 22/3/18 What type of cost order will the defendant apply for? Example 2 Solution Defendant will apply for plaintiff to pay def’s costs on indemnity costs from date of offer as Pl should have accepted the $1M. Def will pay pl costs on ordinary basis up to that date as pl was successful on claim and so it was reasonable for pl to run claim up until pl failed to accept offer. Caveat re: settlement and costs Holt v TCN Channel Nine P/L (No 2) [2012] NSWSC 968 Defamation case where plaintiff offered to settle for $95k and def didn’t accept or make any offer. Pl won but only for $4,900 [not “derisory” award but little more]. Further defendant had reasonable prospects of truth defence although ultimately unsuccessful on several counts; the court found pl to be strategic liar, assaulted his wife and took her money. Held: Def to pay ½ of Pl’s costs. This despite special obligations in defamation cases to reach settlement. “I do not consider it to be incumbent on a defendant publisher in that position to make a settlement offer or suffer a costs penalty merely on the basis that it must have contemplated the possibility of losing the proceedings.” So the caveat is that the courts don’t always have to follow the “rules” about the impact of settlement on costs. Caveat re: settlement and costs Edwards v Endeavour Energy [and other proceedings] (No. 5) [2014] NSWSC 68 : “11. Costs are in the discretion of the Court and the Court has full power to determine by whom, to whom and to what extent costs are to be paid: s.98(1) Civil Procedure Act 2005 . Costs should follow the event unless it appears to the Court that some order should be made as to the whole or any part of the costs: Rule 42.1 Uniform Civil Procedure Rules 2005 .”… “13. The exercise of the Court's discretion as to costs ultimately requires an assessment of what is fair in all the circumstances: McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 306 at [22] .” ADR and Indigenous communities Western style ADR is not necessarily a better solution than the courts. Aboriginals and TSI communities “should be able to implement models in their own communities, which recognise traditional cultural values and traditional structures of decision making”. 10
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Oracle 12c: SQL
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Chapter 7 / Exercise 4
Oracle 12c: SQL
Casteel
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Larissa Behrendt Aboriginal Dispute Resolution (1995) Federation Press Reasons for Growth of ADR Difficulties ‘accessing justice’ through adversarial litigation and the Litigation Deterrents (emotional, time and money costs). E.g. Fear of adverse costs. In a complex litigation, costs can easily outstrip the value of the dispute. It is not uncommon for costs to be in the $millions for complex commercial litigation and costs usually

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