Bekdache v Chen (No 2) [2021] NSWDC 56

District Court New South Wales

Medium Neutral Citation: Bekdache v Chen (No 2) [2021] NSWDC 56 Hearing dates: 5 February 2021 Date of orders: 8 February 2021 Decision date: 08 February 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The defendant to pay the plaintiff's costs up to and including 19 May 2020, and any costs thrown away by the amendment during the trial. (2) No order as to the costs of and arising from the pleading point and the amendment referred to in paragraphs 48 to 57 of Bekdache v Chen [2020] NSWDC 830. (3) Subject to orders 1 and 2, the plaintiff to pay the defendant's costs from 20 May 2020 on the ordinary basis. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers Legislation Cited: Civil Procedure Act 2005, s 56, s 57, s 60, s 98 Uniform Civil Procedure Rules 2005, r 20.26, r 20.30, Pt 42, r 42.14, r 42.15 Cases Cited: Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd (unreported, 16 October 2020, District Court of New South Wales, Taylor SC DCJ) Bekdache v Chen [2020] NSWDC 830 In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 575 Macplan Logistics Systems Pty Ltd v Baxter Healthcare Pty Ltd (1996) 39 NSWLR 324 Category: Costs Parties: Mouna Bekdache (plaintiff) Cindy Wing-see Chen (defendant) Representation: Counsel: Mr P J Macarounas (plaintiff) Mr J Catsanos SC (defendant)