NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd (No 2) [2022] NSWSC 452 Hearing dates: On the papers Decision date: 19 April 2022 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: Notice of motion filed on 15 March 2022 be dismissed with costs. Catchwords: COSTS — Offer of compromise made in accordance with UCPR r 20.26 — "Walk away" offer — Indemnity costs sought pursuant to r 42.15A — Whether genuine offer of compromise Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fabre v Lui (No 2) [2015] NSWCA 312 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Leichhardt Municipal Council v Green [2004] NSWCA 341 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) [2006] NSWCA 120; (2006) 67 NSWLR 706 Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd [2022] NSWSC 221 Category: Costs Parties: Yisheng Construction Pty Ltd (First Plaintiff) Yisheng Air Con. Pty Ltd (Second Plaintiff) City Garden Australia Pty Ltd (First Defendant) Representation: Counsel: S Duggan (Plaintiffs) JC Lee (Defendants)
Solicitors: KWL Lawyers (Plaintiffs) Ma & Company Solicitors (Defendants) File Number(s): 2020/187078 Publication restriction: None
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