Reliance Leasing Pty Ltd v Smith (No. 2) [2022] NSWDC 535

District Court New South Wales

Medium Neutral Citation: Reliance Leasing Pty Ltd v Smith (No. 2) [2022] NSWDC 535 Hearing dates: On the papers Date of orders: 7 November 2022 Decision date: 07 November 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Order the defendant to pay the costs of the plaintiff of the Notice of Motion filed by the defendant on 26 August 2022, including the costs of this costs determination. Catchwords: COSTS – party/party – exceptions to general rule that costs follow the event – party seeking indulgence or dispensation of the court – whether offer was a genuine offer of compromise – whether it unreasonable for the plaintiff not to accept the offer Cases Cited: Reliance Leasing Pty Ltd v Smith [2022] NSWDC 505 Category: Costs Parties: Reliance Leasing Pty Limited (Plaintiff) Mark James Smith (Defendant) Representation: Counsel: T Smartt (Plaintiff) D Eardley (Defendant)

Solicitors: Nelson McKinnon Lawyers (Plaintiff) Moscardo Lawyers (Defendant) File Number(s): 2021/245743

Judgment

Introduction 1. In this matter judgment was delivered on 27 October 2022 granting leave to the defendant to file a cross claim – Reliance Leasing Pty Ltd v Smith [2022] NSWDC 505 ("the primary judgment"). The question of costs was reserved for later argument. The parties agreed to file written submissions and have the costs issue dealt with on the papers. The defendant filed a written submission on costs (MFI 4). The plaintiff filed a written submission on costs (MFI 5).