NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors (No. 2) [2022] NSWDC 389 Hearing dates: 31 August 2022 Date of orders: 2 September 2022 Decision date: 02 September 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Order the plaintiff to pay 90% of the costs of the first, second and third defendants. Catchwords: COSTS – Calderbank offer – whether plaintiff's failure to accept Calderbank offer was unreasonable –where defendant succeeded on nearly all issues – where success of plaintiff only modest – whether commencement and continuation of proceedings in the District Court rather than the Local Court was warranted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Uniform Civil Procedure Rules (NSW), rr 42.1, 42.2, 42.35 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 Pittwater Marinas Pty Ltd v Blue Pearl (NSW) Pty Ltd & Ors [2022] NSWDC 289 Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd (No. 2) [2017] NSWCA 340 Category: Costs Parties: Pittwater Marinas Pty Ltd (Plaintiff) Blue Pearl (NSW) Pty Ltd (First Defendant) Prempricha Pam Pamornniyon (Second Defendant) Shaochen Wang (Third Defendant) Representation: Counsel: D Mackay (Plaintiff) A Rizk (First and Second Defendants) B Ilkovski (Third Defendant)
Solicitors: Diamond Conway (Plaintiff) Arch Law (First and Second Defendants) Mistry Fallahi Lawyers & Business Advisors (Third Defendant) File Number(s): 2021/88588
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