King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204

New South Wales Court of Appeal

CITATION: King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204

HEARING DATE(S): On the papers

JUDGMENT DATE: 20 July 2009

JUDGMENT OF: Hodgson JA at [1]; Campbell JA at [2]; Young JA at [3]

DECISION: Orders made by consent in relation to restitution. As to costs: (1) order that the respondents pay 75% of the appellants' costs of the appeal; (2) order that King Network Group Pty Ltd pay 50% of the respondents' costs of the trial.

CATCHWORDS: COSTS - Calderbank offer- whether respondents' rejection of the offer was unreasonable. COSTS- principles relating to jointly represented parties.

Currabubula v State Bank of NSW [2000] NSWSC 232 Ellingsen v Det Skandinaviske Compani [1919] 2 KB 567 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Korner v H Korner & Co Ltd [1951] Ch 10 CASES CITED: Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd (Young J, 15 July 1996, unreported) Nobrega v The Trustee of the Roman Catholic Church for the Archdiocese of Sydney (No 2) [1999] NSWCA 133 Re Colquhoun (1854) 5 De GM & G 35; 43 ER 781 Rogers v Kabriel (No 2) [1999] NSWSC 474 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201

King Network Group Pty Limited (First Appellant) Harry Stamoulis (Second Appellant) PARTIES: King Development Group Pty Limited (Third Appellant) Harry Stamoulis and Helen Stamoulis as representatives of the Estate of Spiros Stamoulis deceased (Fourth Appellant) Club of the Clubs Pty Limited (First Respondent) IMF (Australia) Limited (Second Respondent)