Amaya v Estate Property Holdings Pty Ltd Firmstone v Estate Property Holdings Pty Ltd [2010] NSWSC 879

New South Wales Supreme Court

CITATION : Amaya v Estate Property Holdings Pty Ltd Firmstone v Estate Property Holdings Pty Ltd [2010] NSWSC 879

HEARING DATE(S) : 16/02/10

JUDGMENT DATE : 9 August 2010

JURISDICTION : Equity

JUDGMENT OF : White J

In the Amaya proceedings, being proceeding nos. 258059 of 2007 and 301255 of 2007, I make the following further order: DECISION : 1. Order that the plaintiffs and the first defendant pay to Lumley General Insurance Limited on the indemnity basis any additional costs incurred by Lumley General Insurance Limited in those proceedings after 22 April 2008 by reason of those parties' failure to accept the proposal contained in the letter dated 22 April 2008 from Turks Legal to Mr Bruce Herat of Herat Solicitors and Horton Rhodes Legal Pty Ltd which is exhibit 1B. In the Firmstone proceedings, being proceeding nos. 258063 of 2007 and 3543 of 2008, I make the following further order: 1. Order that the first plaintiff and the first defendant pay to Lumley General Insurance Limited on the indemnity basis any additional costs incurred by Lumley General Insurance Limited in those proceedings after 22 April 2008 by reason of the failure of those parties to accept the proposal contained in the letter dated 22 April 2008 from Turks Legal to Horton Rhodes Legal Pty Ltd and Mr Bruce Herat of Herat Solicitors which is exhibit 1A.

CATCHWORDS : COSTS – purchaser/vendor dispute – where second defendant issued bond to guarantee deposit payable under contract for sale – where plaintiffs and first defendant rejected second defendant's proposal to withdraw from proceedings – whether to award costs on indemnity basis against plaintiffs for additional costs incurred by second defendant – whether to order different costs order against first defendant where successful party