Gambacorta v Di Giovanni (No 2) [2021] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Gambacorta v Di Giovanni (No 2) [2021] NSWSC 803 Hearing dates: On the papers Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [12], [48], [55], [57] and [58]. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Where plaintiff sought an order that the defendant pay the plaintiff's costs on the indemnity basis — Where defendant sought orders that the costs for both the plaintiff and defendant be paid out of the deceased's estate on the indemnity basis in reliance on the principle in Re Buckton (that is, that the proceedings arose out of the fault of the deceased in leaving her affairs in a state of confusion) — Where the Court found that the deceased did not leave her affairs in a state of confusion — Where the plaintiff relied on a Calderbank offer — Where the Court found that the offer was not an effective Calderbank offer as there was no real element of compromise — Where the Court ordered that the defendant pay the plaintiff's costs on the ordinary basis from the time of service of the summons and the plaintiff's affidavits in support, but otherwise that there be no orders for costs on the basis that the parties will pay their own costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gambacorta v Di Giovanni [2021] NSWSC 61 Hazeldene's Chicken Farm Pty Ltd v Victorian Work Cover Authority (No 2) (2005) 13 VR 435 Leichhardt Municipal Council v Green [2004] NSWCA 341 Re Buckton; Buckton v Buckton [1907] 2 Ch 406 Re Estate of Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Shorten v Shorten [2002] NSWCA 73 Wood v Inglis (Costs) [2009] NSWSC 1900 Category: Costs Parties: Caterina Gambacorta (plaintiff) Giuliano Di Giovanni (defendant) Representation: Counsel: C Stomo (plaintiff) J Thomson (defendant)