Joldzic (bht Joldzic) v Patrick (No 2) [2021] NSWDC 72

District Court New South Wales

Medium Neutral Citation: Joldzic (bht Joldzic) v Patrick (No 2) [2021] NSWDC 72 Hearing dates: On the papers Date of orders: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 14 Catchwords: COSTS - rejection of defendant's offer of compromise - plaintiff does not obtain more favourable outcome - defendant's application for partial order for indemnity costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 41.15, 42.15 Cases Cited: Joldzic (bht Joldzic) v Patrick [2021] NSWDC 55 Texts Cited: Nil Category: Costs Parties: Ms D Joldzic by her tutor Mr M Joldzic (Plaintiff) Ms M Patrick (Defendant) Representation: Counsel: Mr G Bateman for the plaintiff Mr B Kelleher for the defendant

Solicitors: Shine Lawyers for the plaintiff Moray & Agnew Lawyers for the defendant File Number(s): 2014/137178 Publication restriction: Nil

Judgment

Background 1. On 9 March 2021 I published reasons for judgment in this proceeding, and ordered a monetary judgment in favour of the plaintiff against the defendant for the sum of $43,983.70 [1] . I also ordered the defendant to pay the plaintiff's costs of the proceeding, as agreed or assessed. 2. By a notice of motion dated 12 March 2021, the defendant seeks an order varying the costs order. Specifically, it seeks to substitute the following as the appropriate costs order: "The defendant is to pay the plaintiff's costs of the proceeding on an ordinary basis up to 30 January 2020, (and) thereafter, the plaintiff is to pay the defendant's costs on an indemnity basis." 1. The application is founded upon the plaintiff's rejection of the defendant's offer of compromise dated 30 January 2020.