In the matter of Mediation & Online Dispute Resolution Operating Network Pty Ltd (No 2) [2022] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mediation & Online Dispute Resolution Operating Network Pty Ltd (No 2) [2022] NSWSC 289 Hearing dates: On the papers Decision date: 17 March 2022 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Indemnity costs order made. Catchwords: OFFER OF COMPROMISE – defendants represented by solicitors throughout proceedings –solicitor's retainer terminated a month before trial – offer of compromise made 8 days before trial – offer open for 8 days – rule 20.26(5), UCPR – whether closing date for acceptance "reasonable in the circumstances" – more time may be needed where offeree is self-represented – relevant that defendants put themselves in the position of being unrepresented by terminating retainer – time sufficient – indemnity costs order made. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 In the matter of Mediation & Online Dispute Resolution Operating Network Pty Ltd [2022] NSWSC 5 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Costs Parties: Nicols Super Pty Ltd (trustee for the Nicols Family Super Fund) (Second Plaintiff) Brian Nicols (trustee for Nicols Family Trust) (Third Plaintiff) Susan Nicols (trustee for Nicols Family Trust) (Fourth Plaintiff) Rawlo International Pty Ltd (trustee for McCartney Family Super Fund (Fifth Plaintiff) Shayne Gaynor (Sixth Plaintiff) Naomi Rechter (Seventh Plaintiff) John Brandon (Eight Plaintiff) Nathan Polito (Second Defendant) Intergalactic Federation Pty Ltd (Third Defendant) Representation: Solicitors: Henry William Lawyers (Second to Eighth Plaintiffs) File Number(s): 2019/400760