Linkara Pty Ltd atf Karathanassis Family Trust v Telstra Corporation Ltd (No.2) [2022] NSWDC 240

District Court New South Wales

Medium Neutral Citation: Linkara Pty Ltd atf Karathanassis Family Trust v Telstra Corporation Ltd (No.2) [2022] NSWDC 240 Hearing dates: On the papers Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 53 Catchwords: COSTS – application for indemnity costs based on rejection of offers of compromise – application for gross lump sum order Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) ss 56-60, 98 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.14, 42.15, 42.25 Cases Cited: Leach v Nominal Defendant (QBE) Insurance (Aust) Ltd (No.2) [2014] NSWCA 391 Linkara Pty Ltd atf Karathanassis Family Trust v Telstra Corporation Ltd [2022] NSWDC 211 New South Wales v Stanley [2007] NSWCA 330 Oshlack v Richmond River Council (1998) 193 CLR 72 Walker v Harwood [2017] NSWCA 228 Waterwood Hotel Management Pty Ltd v KOP International Pty Ltd [2020] NSWSC 709 Category: Costs Parties: Linkara Pty Ltd as Trustee for the Karathanassis Family Trust (plaintiff) Telstra Corporation Limited (defendant) Representation: Mr L Karathanassis for the plaintiff (appearing with leave for the company) King & Wood Mallesons for the defendant File Number(s): 2020/00287807 Publication restriction: Nil

Judgment 1. I delivered reasons for judgment in this matter on 16 June 2022 (Linkara Pty Ltd atf Karathanassis Family Trust v Telstra Corporation Ltd [2022] NSWDC 211 [1] ) and directed the parties to consult with a view to making dispositive orders, including orders for costs. 2. As directed, the parties have supplied the Court with written submissions. They disagree with those orders. The issues are: 1. what orders should be made to reflect the different judgment awards (including interest); 2. who should bear the costs of Linkara's claim; 3. whether (on the premise that Linkara should bear the costs of its claim) Linkara should pay Telstra's costs on an indemnity basis, taking into account offers of compromise served; and 4. whether a gross sum order for costs should be made.