Zepinic v Eventus Lawyers Pty Ltd t/as SLF Lawyers (No 3) [2023] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Zepinic v Eventus Lawyers Pty Ltd t/as SLF Lawyers (No 3) [2023] NSWSC 1194 Hearing dates: On the papers Decision date: 06 October 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court varies Order 4 made on 23 June 2023 as follows: The plaintiff shall pay the defendant's costs of and incidental to the proceedings on a party-party basis until 26 May 2021 and on an indemnity basis from 27 May 2021. (2) The plaintiff shall pay the defendant's costs of the plaintiff's Motion filed on 28 September 2022 on an indemnity basis. Catchwords: COSTS – Claim for indemnity costs – no basis for proceedings – factual dispute – genuine belief in allegations – Calderbank offer – unreasonably refused – indemnity costs from date of offer Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.20 Cases Cited: Bale v Kimberley Developments Pty Ltd (No 2) [2022] NSWSC 1009 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Chamberlain v Deputy Commission of Taxation (1988) 164 CLR 502; [1988] HCA 21 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 New South Wales v Dueeasy (Supreme Court (NSW), Giles J, 28 February 1992, unrep) Ohn v Walton (1995) 36 NSWLR 77 Port of Melbourne v Anshun (1981) 147 CLR 589; [1981] HCA 45 Wollongong City Council v Papadopoulos [2019] NSWCA 178 Zepinic v Eventus Lawyers Pty Ltd t/as SLF Lawyers (No 2) [2023] NSWSC 699 Category: Costs Parties: Vito Zepinic (Plaintiff) Eventus Lawyers Pty Ltd t/as SLF Lawyers (Defendant) Representation: Counsel: Self-Represented (Plaintiff) P Sharp (Defendant)