Russell v Grace Worldwide (Australia) Pty Ltd trading as Grace Removals (No 2) [2008] NSWDC 176

New South Wales District Court

CITATION: Russell v Grace Worldwide (Australia) Pty Ltd trading as Grace Removals (No 2) [2008] NSWDC 176 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 August 2008 EX TEMPORE JUDGMENT DATE : 1 August 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the plaintiff in the sum of $220,867.34. DECISION: 2 The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 11 June 2008. The plaintiff is to pay the defendant's costs on an indemnity basis on and from 12 June 2008, both orders to be determined on the costs as agreed or assessed. 3 The exhibits may be returned. 4 Each party will pay its own costs of today's proceedings.

CATCHWORDS: COSTS - defendant's claim for indemnity order - whether offer represented a true compromise

PARTIES: Shannon Russell (Plaintiff) Grace Worldwide (Australia) Pty Ltd trading as Grace Removals (Defendant)

FILE NUMBER(S): Newcastle 168/07

COUNSEL: T R Edwards (Plaintiff) V M Heath (Defendant)

SOLICITORS: Bale Boshev (Plaintiff) Curwood Lawyers (Defendant)

JUDGMENT

1 In this matter, reasons for judgment were delivered on 25 July 2008 and the proceedings adjourned to 1 August 2008 to allow the parties to address the Court on the issue of costs.

2 In respect of costs, the defendant has filed in court today an affidavit of its solicitor, Ms Dinkha, to which is attached a copy of an offer of compromise served on the plaintiff on 11 June 2008 in a sum which exceeds the amount awarded to the plaintiff by this Court. The defendant seeks an order for indemnity costs from that date.