Musleh v Sabri

Musleh v Sabri concerned an appeal from a decision of the Supreme Court of New South Wales. The dispute arose from an offer of compromise made by the defendant to the plaintiff. The plaintiff's ultimate verdict at trial was not better than the terms offered by the defendant.

The primary legal issue before the Court of Appeal was whether the defendant was entitled to costs incurred after the date of their offer of compromise, given that the plaintiff's judgment did not exceed the offer. The court was required to consider the application of the rule that an offeror is prima facie entitled to costs when the offeree fails to achieve a more favourable outcome at trial.

The Court of Appeal found that the defendant's offer of compromise was not bettered by the plaintiff's verdict. Applying the established legal principle, the court determined that the defendant was entitled to their costs from the date the offer was made. The appeal was successful on this point.

The Court of Appeal granted leave to appeal and ordered that the plaintiff pay the defendant's costs incurred after 18 December 2000. The costs of the application for leave to appeal were ordered to be borne by the opponent.