The Uniting Church in Australia Property Trust (NSW) v Crowe (No 2) [2024] NSWSC 1560

Supreme Court New South Wales

Medium Neutral Citation: The Uniting Church in Australia Property Trust (NSW) v Crowe (No 2) [2024] NSWSC 1560 Hearing dates: 22 November 2024 Date of orders: 22 November 2024 Decision date: 04 December 2024 Jurisdiction: Equity - Real Property List Before: Parker J Decision: See [59] Catchwords: COSTS — party/party — multiple claims in which plaintiff was primarily, but not totally, successful — costs follow the event on a claim-by-claim basis — apportionment based on costs solely referable to each claim — informal offers of compromise made by both parties — refusal of offers not unreasonable in the context of the claims being pursued at the time — respective applications for special and indemnity costs orders failed — plaintiff entitled to ordinary costs of proceedings apart from costs solely referable to unsuccessful or abandoned claims Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 3) [2024] NSWSC 1483 The Uniting Church in Australia Property Trust (NSW) v Crowe [2024] NSWSC 1387 Waters v PC Henderson (Australia) Pty Ltd [1994] NSWCA 338 Texts Cited: Nil Category: Costs Parties: Statement of Claim filed 31 October 2022 The Uniting Church in Australia Property Trust (NSW) (Plaintiff) Stephen Desmond Crowe (Defendant)