Valmont Interiors Pty Limited v Giorgio Armani Australia Pty Limited (No. 2) [2021] NSWDC 9

District Court New South Wales

Medium Neutral Citation: Valmont Interiors Pty Limited v Giorgio Armani Australia Pty Limited (No. 2) [2021] NSWDC 9 Hearing dates: Determined on the papers Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Civil Before: Smith SC, DCJ Decision: 1. The following judgments entered on 27 August 2020 be set off against each other with effect from the date of these orders: a. the judgment in favour of the plaintiff in the sum of $130,973.00; and b. the judgment in favour of the defendant on the cross-claim in the sum of $235,611.29. 2. Order 3 made on 27 August 2020 be vacated. 3. Save for the order referred to in order 2 above, all previous costs orders other than any adverse costs orders made against the defendant be vacated. 4. The plaintiff pay the defendant's costs of the proceedings on an ordinary basis up to and including 23 April 2020 and on an indemnity basis thereafter. 5. The plaintiff is to pay the defendant's costs of the motion. Catchwords: COSTS – Orders of primary judgment – set off – vacating of cost order – ordinary/indemnity basis Legislation Cited: Civil Procedure Act 2005, s 96 Cases Cited: Calderbank v Calderbank [1976] Fam 93 Category: Costs Parties: Valmont Interiors Pty Limited (ACN 117 035 864) - Plaintiff / Cross Defendant Giorgio Armani Australia Pty Limited (ACN 084 424 037) - Defendant / Cross Claimant Representation: Counsel: Mr M Dawson and Mr D Elliott - Plaintiff Mr M Klooster – Defendant