Shimden Pty Ltd v Park Pty Ltd (No 2) [2022] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: Shimden Pty Ltd v Park Pty Ltd (No 2) [2022] NSWSC 415 Hearing dates: On the papers Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Equity Before: Darke J Decision: Order that the defendant pay the plaintiff's costs of the proceedings (other than in relation to the Cross-Claim), with such costs to be paid on the ordinary basis in respect of costs incurred up to and including 14 September 2021, and on an indemnity basis in respect of costs incurred thereafter Catchwords: COSTS – plaintiff successful in obtaining judgment – judgment in an amount less than $500,000 – whether plaintiff should not receive a costs order because the proceedings could have been commenced in the District Court – at time of commencement the proceedings included a claim for the withdrawal of a caveat – held that the proceedings could not have been commenced in the District Court – plaintiff entitled to costs order – some costs to be paid on an indemnity basis due to unreasonable failure of defendant to accept a Calderbank offer Legislation Cited: Real Property Act 1900 (NSW), s 74MA Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Shimden Pty Ltd v Park Pty Ltd [2022] NSWSC 267 StockCo Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd (No 2) [2020] NSWSC 636 Category: Costs Parties: Shimden Pty Ltd (Plaintiff/Cross-Defendant) Park Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr F C Corsaro SC with Mr F F F Salama (Plaintiff/Cross-Defendant) Mr P T Newton SC (Defendant/Cross-Claimant)