William Reginald d’Apice v Galina Gutkovich; Estate of the late Irene Rachel Abraham (No. 3)

William Reginald d’Apice, the plaintiff, filed a claim against Galina Gutkovich, the defendant, and the Estate of the late Irene Rachel Abraham, seeking costs on an indemnity basis from the date of an offer made by the plaintiff. The dispute was heard in the Supreme Court of New South Wales, which was asked to determine whether the plaintiff’s offer to compromise the proceedings was made in accordance with rule 20.26 of the Uniform Civil Procedure Rules and if the defendant was required to pay the plaintiff’s costs on an indemnity basis from the date of the offer.

The primary legal issue the court had to address was whether the plaintiff's offer to compromise was valid under rule 20.26 of the Uniform Civil Procedure Rules. Rule 20.26 allows a party to make a compromise offer to another party and, if the offer is not accepted and the party making the offer is successful, they may be entitled to costs on an indemnity basis from the date of the offer. The court had to consider the circumstances under which the offer was made and whether it complied with the requirements of the rule.

In assessing the matter, the court found that the plaintiff had indeed made a valid offer to compromise the proceedings in accordance with rule 20.26. The court determined that the offer was clear, specific, and unconditional, and was made in good faith. The defendant had failed to accept the offer, and as a result, the plaintiff was successful in their claim. Consequently, the court ordered that the defendant was to pay the plaintiff’s costs on an indemnity basis from the date of the offer. This ruling underscores the importance of following the procedural requirements when making a compromise offer, as compliance can have significant financial implications for the parties involved.