Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan (No 4) [2023] NSWSC 893

Supreme Court New South Wales

Medium Neutral Citation: Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan (No 4) [2023] NSWSC 893 Hearing dates: On the papers Decision date: 03 August 2023 Jurisdiction: Equity Before: Robb J Decision: The defendant will be ordered to pay all of the plaintiff's costs of the proceedings since 14 May 2019, including the costs of the reference, on the ordinary basis. The plaintiff is to prepare short minutes of order and provide them to the Associate to Robb J. Catchwords: COSTS — party/party— offers of compromise — application of Part 42 Div 3 of the Uniform Civil Procedure Rules 2005 (NSW) — where no evidence to establish that offer of compromise made by defendant more favourable to plaintiff than ultimate outcome — consideration of when Court should "order otherwise" when offer of compromise not accepted by plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15, 42.16 Cases Cited: Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan [2018] NSWSC 1455 Amil Dlakic by his tutor Liliane Dlakic v Michael John Vaughan (No 2) [2019] NSWSC 509 Ballam v Ferro (No 2) [2022] NSWSC 1358 Calderbank v Calderbank [1975] 3 WLR 586 Lahoud v Lahoud [2006] NSWSC 126 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Category: Costs Parties: Amil Dlakic by his tutor Liliane Dlakic (Plaintiff) Michael John Vaughan (Defendant) Representation: Counsel: R Perla (Plaintiff) M Evans (Defendant)