Dunbrae Pty Ltd v Armani Restaurant Pty Ltd (No. 3) [2023] NSWDC 32

District Court New South Wales

Medium Neutral Citation: Dunbrae Pty Ltd v Armani Restaurant Pty Ltd (No. 3) [2023] NSWDC 32 Hearing dates: 5 July 2022 6 July 2022 7 July 2022 28 July 2022 29 July 2022 5 August 2022 (written submissions) 12 August 2022 (written submissions) 2 December 2022 5 December 2022 (written submissions) 14 February 2023 (written submissions) 16 February 2023 Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) Each party is to bear their own costs of the proceedings save that all preceding costs orders are maintained. (2) The amount of security paid into court by the Defendant/Cross-Claimant on 3 June 2021 in compliance with an order by consent made 6 May 2021 is to be paid out to the Defendant/Cross-Claimant. Catchwords: COSTS –– parties, each vastly unsuccessful –– Calderbank offers –– proceedings commenced and conducted in Local Court warranted ACL – costs ACL – costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.1, r 42.35 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd [2008] NSWCA 85 Category: Costs Parties: Dunbrae Pty Limited, Plaintiff/Cross Defendant Armani Restaurant Pty Ltd, Defendant/Cross Claimant Representation: Counsel: Mr Kaufmann, Counsel for the Plaintiff/Cross Defendant Mr Oakes, Counsel for the Defendant/Cross Claimant Solicitors: Rostron Carlyle Rojas Lawyers, Solicitors for the Plaintiff/Cross Defendant Grove Lawyers, Solicitors for the Defendant/Cross Claimant File Number(s): 2019/00016357