Savills (NSW) Pty Ltd v ATF CTH Pty Ltd (No 2) [2020] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Savills (NSW) Pty Ltd v ATF CTH Pty Ltd (No 2) [2020] NSWSC 1098 Hearing dates: On the papers Decision date: 19 August 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the defendant's costs of the proceedings on the ordinary basis up to and including 19 April 2019 and on an indemnity basis thereafter. Catchwords: COSTS — Party/Party — Indemnity basis — Calderbank offer made by successful party — Whether offer defective — Whether rejection of offer unreasonable — Order for costs on indemnity basis made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Savills (NSW) Pty Ltd v ATF CTH Pty Ltd [2020] NSWSC 956 Category: Costs Parties: Savills (NSW) Pty Ltd (ABN 93 002 647 225) (Plaintiff) ATF CTH Pty Ltd (ABN 52 169 623 741) (Defendant) Representation: Counsel: C Wood SC (Plaintiff) A Cheshire SC (Defendant)

Solicitors: BBW Lawyers (Plaintiff) Eakin McCaffery Cox (Defendant) File Number(s): 2017/293995

Judgment

Introduction 1. On 27 July 2020 I ordered judgment for the defendant and published reasons which determined this matter, save as to costs: Savills (NSW) Pty Ltd v ATF CTH Pty Ltd [2020] NSWSC 956. 2. The defendant applied for an order that the plaintiff pay its costs on the ordinary basis until 29 March 2019 and on an indemnity basis thereafter. The plaintiff opposed the order. The defendant also sought an order vacating freezing orders which had previously been made by the Court. The orders relating to the vacation of the freezing orders were made by consent and therefore do not need to be addressed.