NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Babylon Aluminium Pty Ltd v Khazma Aluminium Windows & Doors Pty Ltd [2020] NSWDC 936 Hearing dates: On the papers Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: The Court orders (if need be under Pt 36 r 16(3A) and (3B) of the Uniform Civil Procedure Rules 2005) that the plaintiff's/cross-defendant's costs the subject of order 3 made on 2 October 2020 be assessed on an indemnity basis on and from 7 November 2019. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – Cost inclusive offer – Offer makes provision for payment of costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 20.26, r 36.16, r 42.13, r 42.14, r 42.15, r 42.24 Cases Cited: In the matter of Alsafe Security Products Pty Ltd atf the Alsafe Trust (in liquidation) [2016] NSWSC 575 Keramaniakis v Wagstaff [2005] NSWDC 14 LGS v Barbagallo [2013] NSWSC 68 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Principal judgment Parties: Babylon Aluminium Pty Ltd (plaintiff/cross-defendant) Khazma Aluminium Windows & Doors Pty Ltd (defendant/cross-claimant) Representation: Counsel: Mr D P O'Dowd (plaintiff/cross-defendant) Mr D Allen (defendant/cross-claimant)
Solicitors: Trump Lawyers (plaintiff/cross-defendant) Sterling Legal (defendant/cross-claimant) File Number(s): 2018/00268258 Publication restriction: None
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