JDGD v Allianz Australia Insurance Limited (No 2) [2024] NSWSC 531

Supreme Court New South Wales

Medium Neutral Citation: JDGD v Allianz Australia Insurance Limited (No 2) [2024] NSWSC 531 Hearing dates: On the Papers Date of orders: 07 May 2024 Decision date: 07 May 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: In lieu of Order 2 made on 19 April 2024, the plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis up until 9 April 2024 and on an indemnity basis thereafter. Catchwords: COSTS – application for alternative costs order – Calderbank offer - offer of compromise – indemnity costs – plaintiff consents to order Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 JDGD v Allianz Insurance Ltd [2024] NSWSC 405 Category: Costs Parties: JDGD Pty Ltd (Plaintiff) Allianz Australia Insurance Limited (Defendant) Representation: Counsel: Mr S J Walsh (Plaintiff) Mr S Glascott (Defendant)

Solicitors: Turks Legal (Plaintiff) Carter Newell Lawyers (Defendant) File Number(s): 2022/301623

JUDGMENT 1. I gave my principal decision in this matter on 19 April 2024 (JDGD v Allianz Insurance Ltd [2024] NSWSC 405). 2. The defendant succeeded. I ordered the plaintiff to pay the defendant's costs of the proceedings but reserved the right to the parties to seek an alternative costs order. The defendant has exercised that right and has sought the following order: "The Plaintiff pay the defendant's costs on an ordinary basis up until 9 April 2024 and on an indemnity basis thereafter." 1. The suggested order arises from a letter sent to the plaintiff's solicitors on 25 March 2024 in which an offer of compromise was made (expressed as an offer made in accordance with Calderbank v Calderbank [1975] 3 All ER 333). The offer was open for acceptance up to 9 April 2024. 2. By email sent to my Associate on 3 May 2024 the plaintiff's solicitor stated that the "plaintiff does not oppose the variation of the costs orders sought by the defendant and agrees" to the order as requested by the defendant. 3. Accordingly, and by consent, I make the following order: In lieu of Order 2 made on 19 April 2024, the plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis up until 9 April 2024 and on an indemnity basis thereafter.