Devic v AMP Capital Investors Limited (No 2) [2022] NSWDC 444

District Court New South Wales

Medium Neutral Citation: Devic v AMP Capital Investors Limited (No 2) [2022] NSWDC 444 Hearing dates: Not applicable Date of orders: 05 October 2022 Decision date: 05 October 2022 Jurisdiction: Civil Before: Weinstein SC DCJ Decision: Order (3) of the principal judgment is varied so that the plaintiff is to pay the defendant's costs on the usual basis up to 21 June 2021 and the defendant's costs on an indemnity basis thereafter. Catchwords: COSTS – indemnity costs order against plaintiff – rule 42.15A UCPR – Calderbank letter sent by defendant - whether it was reasonable for plaintiff to reject Calderbank offer – evidence available at the time of the offer – whether Covid-19 delays result in greater costs for plaintiff - whether indemnity costs order punitive Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Devic v AMP Capital Investors Limited [2022] NSWDC 371 Dunstan v Rickwood (No 2) [2007] NSWCA 266 Hillier v Sheather (1995) 36 NSWLR 414 Leach v The Nominal Defendant (No 2) [2014] NSWCA 391 Morgan v Johnson (1998) 44 NSWLR 578 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Uniting Church in Australia Property Trust (NSW) t/as Northaven Retirement village v Takacs (No 2) [2008] NSWCA 172 Category: Costs Parties: Jelena Devic (Plaintiff) AMP Capital Investors Limited (Defendant) Representation: Solicitors: Brydens Lawyers (Plaintiff) McCabes (Defendant) File Number(s): 2020/249647 Publication restriction: None