Hungry Jack’s Pty Ltd v Fourtounas (No 2) [2021] NSWCA 26

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hungry Jack's Pty Ltd v Fourtounas (No 2) [2021] NSWCA 26 Hearing dates: On the papers Decision date: 05 March 2021 Before: Basten JA; White JA Decision: Vary order (2) made on 10 December 2020 requiring the applicant to pay the respondents costs in this Court, so that it now provides: Order that the applicant pay the respondent's costs assessed on the ordinary basis up to and including 15 October 2020 and thereafter on an indemnity basis, such costs to include the costs of the motion to vary the earlier order. Catchwords: APPEAL – application for leave refused – costs ordered – application to vary order – offer of compromise – indemnity costs sought COSTS – indemnity costs – offer of compromise – whether offer open for reasonable period – whether offer involved compromise – default entitlement – power to order otherwise – onus on applicant to establish reasons for different costs order – Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.15A Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A, 51.47 Cases Cited: Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Hungry Jack's Pty Ltd (Applicant) Sylvia Fourtounas (Respondent) Representation: Counsel: Mr D A Lloyd SC (Applicant) Mr E P Anderson (Respondent)

Solicitors: Gillis Delaney Lawyers (Applicant) Gerard Malouf & Partners (Respondent) File Number(s): 2020/177378 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 29 May 2020 Before: Norton SC DCJ File Number(s): 2019/46773