Peters v Gough [2023] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Peters v Gough [2023] NSWSC 361 Hearing dates: On the papers Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: The defendant's application for indemnity costs is rejected. Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis – whether indemnity costs should be awarded in circumstances where parties had consented to orders dismissing the proceedings – where Calderbank offers had been made – reasonableness of offers – application for indemnity costs rejected Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) (2006) 67 NSWLR 706; [2006] NSWCA 120 Calderbank v Calderbank [1975] All ER 333 Fabre v Lui (No 2) [2015] NSWCA 312 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (WA Branch) (No 2) (1993) 46 IR 301 Category: Costs Parties: Gregory Peters (Plaintiff) Darren Gough (Defendant) Representation: Counsel: M Polden (Defendant) Solicitors: O'Brien Criminal & Civil Solicitors (Plaintiff) Peter Evans & Associates Solicitors (Defendant) File Number(s): 2020/348006 Publication restriction: None