NSW Caselaw
New South Wales Supreme Court
CITATION : Jovanovski v Billbergia Pty Ltd (No 2) [2010] NSWSC 617
HEARING DATE(S) : 9 June 2010
JUDGMENT DATE : 11 June 2010
JUDGMENT OF : Davies J
DECISION : (1) The Defendant's Notice of Motion is dismissed. (2) The Defendant is to pay the Plaintiff's costs of the Notice of Motion.
CATCHWORDS : COSTS - offer of compromise - indemnity costs - discretion to "order otherwise" - whether exceptional circumstances needed - offer by Defendant for a verdict and judgment in its favour with Defendant to pay its own costs - change of basis of the case between time of the offer of compromise and the time of hearing - no order for indemnity costs made.
LEGISLATION CITED : Uniform Civil Procedure Rules
CATEGORY : Consequential orders
Fowdh v Fowdh [1993] NSWCA 100 Hillier v Sheather (1995) 36 NSWLR 414 Jovanovski v Billbergia Pty Ltd [2010] NSWSC 211 CASES CITED : Leichhardt Municipal Council v Green [2004] NSWCA 341 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd (No 2) [2009] NSWCA 336 Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 South Eastern Sydney Area Health Service v King [2006] NSWCA 2
PARTIES : Ilo Jovanovski (Plaintiff) Billbergia Pty Ltd (Defendant)
FILE NUMBER(S) : SC 2006/267086
COUNSEL : Mr S Longhurst (Plaintiff) O Dinkha, Solicitor (Defendant)
SOLICITORS : RMB Lawyers (Plaintiff) Curwoods Lawyers (Defendant)
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