Joudo v Joudo (No 2) [2024] NSWSC 469

Supreme Court New South Wales

Medium Neutral Citation: Joudo v Joudo (No 2) [2024] NSWSC 469 Hearing dates: On the papers, written submissions 17 April 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Equity Before: Pike J Decision: (1) The costs of the application for leave to amend the cross-claim be costs in the cause. (2) The plaintiff pay the defendant's costs of the statement of claim, as assessed or agreed. (3) The cross-defendant pay the cross-claimants' costs of the amended cross-claim, as assessed or agreed. Catchwords: PRACTICE AND PROCEDURE – costs – determination – whether reason for departing from usual rule – Calderbank offer – whether costs should be paid on indemnity basis by reason of rejection of offer – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296 Hazeldene's Chicken Farm v Victorian WorkCover Authority (No 2) (2005) 13 VR 435, [2005] VSCA 298 Jones v Bradley (No 2) [2003] NSWCA 258 Miwa Pty Limited v Siantan Properties Pte Limited (No 2) [2011] NSWCA 344 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Texts Cited: Nil Category: Costs Parties: Ravina Joudo (Plaintiff/Cross-Defendant) Maria Joudo (Defendant/First Cross-Claimant) Ronnie Joudo (Second Cross-Claimant) Representation: Counsel: FFF Salama and B Flaherty (Plaintiff/Cross-Defendant) M Thompson (Defendant/Cross-Claimants)