Rodny v Stricke (No 2) [2020] NSWSC 950

Supreme Court New South Wales

Medium Neutral Citation: Rodny v Stricke (No 2) [2020] NSWSC 950 Hearing dates: On the papers Decision date: 24 July 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Note that the defendants have applied in writing to my Associate for an order different from the one proposed in order (3) made on 25 June 2020. (2) Order the plaintiffs to pay the defendants' costs of the proceedings on the ordinary basis up to and including 11 November 2019 and on an indemnity basis thereafter. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise and Calderbank offers — whether plaintiffs' rejection of defendants' offer unreasonable — order for costs on indemnity basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Morgan v Johnson (1998) 44 NSWLR 578 Rodny v Stricke [2020] NSWSC 800 Category: Costs Parties: Laurence Rodny (First Plaintiff) Communications Power Incorporated (Aust) Pty Ltd (ACN 001 521 160) (Second Plaintiff) Angela Stricke (First Defendant) Helen Meddings (Second Defendant) Natalie Stoianoff (Third Defendant) Vlad Sofreski (Fourth Defendant) The Owners – Strata Plan No 56911 (Fifth Defendant) Representation: Counsel: C Birch SC (Plaintiffs) J Knackstredt (Defendants)