Lorenzato v Burwood Council (Costs) [2021] NSWSC 266

Supreme Court New South Wales

Medium Neutral Citation: Lorenzato v Burwood Council (Costs) [2021] NSWSC 266 Hearing dates: On the papers Date of orders: 22 March 2021 Decision date: 22 March 2021 Jurisdiction: Common Law Before: Fagan J Decision: (1) The cross-defendant's costs pursuant to order 6 made on 23 November 2020 are to be assessed on the ordinary basis up to and including 13 March 2018 and on the indemnity basis from and including 14 March 2018. (2) The plaintiff's notice of motion filed 11 December 2020 is dismissed. (3) The plaintiff to pay the defendants' costs of the notice of motion filed 11 December 2020. Catchwords: COSTS – Indemnity basis – whether sufficient element of compromise contained in offer Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Lorenzato v Burwood Council [2020] NSWSC 1659 Regency Media Pty Limited v AAV Australia Pty Limited [2009] NSWCA 368 Robb Evans v European Bank Ltd (No 2) [2009] NSWCA 170 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No. 2) (2006) 67 NSWLR 706; [2006] NSWCA 120 TX Australia Pty Limited v Broadcast Australia Pty Limited (Costs) [2012] NSWSC 1200 Category: Costs Parties: Elisa Lorenzato (plaintiff) Burwood Council (first defendant) Michael Della-Franca (second defendant) John Lukas (cross-defendant) Representation: Counsel: R Carey (plaintiff) M L Wright SC with D Robertson (first defendant) J A Trebeck (second defendant) J Gooley (cross-defendant)