Barakat v Bazdarova

In *Barakat v Bazdarova*, the appeal concerned a dispute between the parties, heard by Bathurst CJ, Whealy JA, and Tobias AJA. The appeal was brought by the appellants against the respondent.

The primary legal issues before the court were whether the grounds of appeal were available to the appellants given concessions made at trial, and whether the respondent was entitled to indemnity costs based on an offer of compromise that was allegedly genuine and "exclusive of costs" in compliance with the Uniform Civil Procedure Rules 2005.

The court found that the grounds of appeal were not available to the appellants as they were directly inconsistent with concessions previously made during the trial. Consequently, the appeal was dismissed. The court ordered that the appellants pay the respondent's costs of the appeal on the ordinary basis up to 5 August 2011, and on an indemnity basis from 6 August 2011, indicating that the offer of compromise was considered to be a genuine offer exclusive of costs.