CBRE (V) Pty Ltd v City Pacific Ltd (in liq) (No 2) [2022] NSWCA 84

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CBRE (V) Pty Ltd v City Pacific Ltd (in liq) (No 2) [2022] NSWCA 84 Hearing dates: On the papers Decision date: 09 June 2022 Before: Bell CJ, Leeming JA, Brereton JA Decision: 1. Vary order 2 made on 11 April 2022 so that it provides: "Set aside the judgment made on 9 August 2021, and orders 1 and 2 made on 22 March 2022, and in lieu thereof, order that the proceedings be dismissed and the plaintiffs pay the defendants' costs on the ordinary basis up to 3 September 2018 and on an indemnity basis thereafter." 2. No order as to the costs of the motion filed 26 April 2022 with the intent that the parties bear their own costs of the motion. Catchwords: COSTS – offer of compromise – offer more favourable than judgment obtained – whether basis for displacing default costs orders – Calderbank offer – whether failure to accept offer warranted departure from ordinary rules as to costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.1, 42.15A Category: Costs Parties: CBRE (V) Pty Ltd (First Appellant/First Applicant) Christopher Nicodimou (Second Appellant/Second Applicant) City Pacific Ltd (in liq) (First Respondent) Martha Cove Marina Pty Ltd (in liq) (Second Respondent) Representation: Counsel: D R Sulan, A Avery-Williams (Appellants/Applicants) S H Hartford-Davis, B G Curtin (Respondents)

Solicitors: Minter Ellison (Appellants/Applicants) Banton Group (Respondents) File Number(s): 2021/00269110 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2021] NSWSC 456 Date of Decision: 30 April 2021 Before: Walton J File Number(s): 2015/251608