Lewis v Doyle (No 2) [2022] NSWSC 447

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Doyle (No 2) [2022] NSWSC 447 Hearing dates: On the papers Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Common Law Before: Davies J Decision: I order the defendant to pay the plaintiff's costs in the sum of $255,000.00. Catchwords: COSTS – indemnity costs – three offers of compromise served by plaintiff – where verdict exceeded all three offers - where first offer served three days after proceedings commenced – not unreasonable for defendant to have rejected offer – second offer served months after pleadings closed and following mediation – unreasonable for defendant to have rejected offer – plaintiff seeking gross sum costs order – where defendant had become bankrupt since proceedings commenced – where defendant had unnecessarily put the plaintiff to proof of matters that should not have been in issue – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Evidence Act 1995 (NSW) s 91 Supreme Court Rules 1970 (NSW) Pt 52A r 6 Cases Cited: Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Chaina v Presbyterian Church (NSW) Property Trust (No 26) [2014] NSWSC 1009 Hamod v State of New South Wales [2011] NSWCA 375 Hamod v New South Wales (No 13) [2009] NSWSC 756 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Lewis v Doyle [2022] NSWSC 92 Miles v Doyle (No 3) [2021] NSWSC 1524 Young v Hones (No 3) [2014] NSWSC 499 Zepinic v Chateau Constructions (Aust) Ltd (No. 2) [2014] NSWCA 99 Texts Cited: Nil Category: Costs Parties: Darren John Lewis (Plaintiff) Philip William Doyle (Defendant) Representation: Counsel: On the papers