SEMF Pty Ltd v Renown Corporation Pty Ltd (No 2) [2022] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: SEMF Pty Ltd v Renown Corporation Pty Ltd (No 2) [2022] NSWSC 95 Hearing dates: On the papers Decision date: 11 February 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The defendants pay the plaintiffs' costs of the proceeding (other than the cross-claim): (a) On the ordinary basis up until 21 September 2021; (b) On the indemnity basis from 22 September 2021. (2) The plaintiff pay the second defendant's costs of the cross-claim on the ordinary basis. Catchwords: COSTS — Whether indemnity costs should be awarded where the plaintiff has achieved a result better than what it would have received if the defendants accepted an informal offer made prior to the commencement of proceedings — Whether cross-claimant can recover costs on the ordinary basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 AII ER 333 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 Jones v Bradley (No 2) [2003] NSWCA 258 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 SEMF Pty Ltd v Renown Corporation Pty Ltd [2021] NSWSC 1547 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: SEMF Pty Ltd (Plaintiff | Cross-Defendant) Renown Corporation Pty Ltd (First Defendant) Dialog Pty Ltd (Second Defendant | Cross-Claimant) Representation: Counsel: P Greenwood SC with I Griscti (Plaintiff | Cross-Defendant) D Parish with J Pokoney (Defendants | Cross-Claimant)