Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall (No 2)

Outerbridge, trading as Century 21 Plateau Lifestyle Real Estate, brought a case against Hall in the Supreme Court of Western Australia. The dispute revolves around an offer of compromise made by the plaintiff under r 32.06 of the Supreme Court Civil Procedure Rules 2006 (WA). The plaintiff sought costs under the offer of compromise provisions, while the defendant argued that the offer was not compliant with the Rules and sought an alternative costs order. The court was required to determine whether the offer complied with the Rules, whether the court should otherwise order costs, and if a different costs order should be made due to the defendant's lack of success in relation to certain issues.

The court considered the defendant's arguments that the offer was not compliant with the Rules, as it was not served at least two months before the trial and did not provide for the payment of interest on any amount that might be awarded. The court also assessed whether the offer was a genuine attempt to resolve the dispute and whether the defendant's lack of success in relation to certain issues warranted a different costs order. The court found that the offer was not compliant with the Rules but considered that the defendant's lack of success in relation to certain issues warranted a different costs order.

The court confirmed the costs order made on 3 December 2019, subject to the parties each paying their own costs in relation to the costs application. The court also granted liberty to approach the Associate to Dicker DCJ within seven days to relist the matter if an alternative order to order (2) was sought. The court's reasoning was based on the fact that the defendant's lack of success in relation to certain issues warranted a different costs order, even though the offer of compromise was not compliant with the Rules. The court considered the defendant's lack of success in relation to certain issues, and the fact that the defendant had not succeeded in relation to certain issues, warranted a different costs order.