NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Berhero Pty Ltd v Hinds (No 2) [2023] NSWSC 1214 Hearing dates: On the papers Date of orders: 12 October 2023 Decision date: 12 October 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Dismiss application for special costs order. Catchwords: COSTS – Calderbank offer – plaintiff sues for fees – defendant files cross claim for damages – defendant offers to accept $250,000 – parties agree shortly before trial that plaintiff will refund fees if claim fails and cross claim will be dismissed with costs – plaintiff's claim fails – judgment for fees to be refunded plus interest said to exceed the Calderbank offer – necessary to compare substance of offer with result – offer based on cross claim which was dismissed with costs – no special costs order. Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 District Court Act 1973 (NSW) ss 4, 44, 51(2)(a) Uniform Civil Procedure Rules r 42.34 Category: Costs Parties: Berhero Pty Ltd (Plaintiff) Paul Hinds (First Defendant) RV Developments Australia Pty Ltd (Second Defendant) RV Developments Australia Pty Ltd as Trustee for RV Developments Australia Unit Trust (Third Defendant) Representation: Counsel: Mr B Le Plastrier (Plaintiff) Mr S Golledge SC/Mr J Douglas (Defendants)
Solicitors: ClarkeKann Lawyers (Plaintiff) James Conomos Lawyers (Defendants) File Number(s): 2019/269928
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