LNCP002 Pty Ltd v Feridun Akcan (No 2) [2021] NSWSC 1018

Supreme Court New South Wales

Medium Neutral Citation: LNCP002 Pty Ltd v Feridun Akcan (No 2) [2021] NSWSC 1018 Hearing dates: 11 August 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Common Law Before: N Adams J Decision: See at [98]. Catchwords: CIVIL PROCEDURE — application for variation of orders – where judgment provided for variation by consent – where no agreement reached – orders varied to give effect to findings of primary judgment COSTS — application for indemnity costs – whether plaintiff should have known that claim for possession could not reasonably succeed – offer of compromise – where offer made and refused pursuant to UCPR r 42.15A – indemnity costs granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), Part 42 Cases Cited: Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364; (1988) 81 ALR 397 Hamod v State of New South Wales [2002] FCA 424; (2002) 188 ALR 659 LNCP002 Pty Ltd v Feridun Akcan [2021] NSWSC 848 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Principal judgment Parties: LNCP002 Pty Ltd ACN 637 107 576 (Plaintiff/First cross-defendant) Feridun Akcan (Defendant/First cross-claimant) Diamond House Jewellery Pty Ltd ACN 083 444 277 (Second cross-claimant) MZF Investment Group Pty Ltd ACN 626 166 854 t/as LaunchCap (Second cross-defendant) Representation: Counsel: Mr M W Young SC (Plaintiff) Mr M B Evans/Ms V Chan (Defendant)