NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Marahra Holdings Pty Limited v Insurance Australia Limited (No 2) [2024] NSWSC 1452 Hearing dates: 17 October 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Insurance Australia pay Marahra's costs of its motion on the ordinary basis to 27 August 2024 and from 28 August 2024, on an indemnity basis. Catchwords: COSTS – application for indemnity costs – offer of compromise – whether offer to resolve interlocutory proceeding was reasonable in the circumstances – whether leave sought by plaintiff to amend statement of claim was unreasonably resisted – whether relevance of "indulgence principle" – indemnity costs ordered Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60, 98 Unform Civil Procedure Rules 2005 (NSW), rr 12.6(2), 20.26 Cases Cited: Anchorage Capital Master Offshore Pty Ltd v Sparkes (No 2) [2019] NSWSC 550 Holt v Wynter (2000) 49 NSWLR 128; [2000] NSWCA 143 Leichhardt Municipal Council v Green [2004] NSWCA 341 Marahra Holdings Pty Limited v Insurance Australia Limited [2024] NSWSC 1368 Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 Category: Costs Parties: Marahra Holdings Pty Limited (Plaintiff) Insurance Australia Limited (Defendant) Representation: Counsel: A Djurdjevic (Plaintiff) R Perla (Defendant)
Solicitors: Gells Lawyers (Plaintiff) Holman Webb Lawyers (Defendant) File Number(s): 2021/312161 Publication restriction: Nil
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