Nicholas Georgouras v Bombardier Investments No. 2 Pty Ltd [2011] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Nicholas Georgouras v Bombardier Investments No. 2 Pty Ltd [2011] NSWSC 803 Hearing dates: 21/07/2011 Decision date: 21 July 2011 Jurisdiction: Equity Division - Commercial List Before: Einstein J Decision: 1. That the defendant is to pay the plaintiff's nominal damages in the sum of $5.00 2. That each party is to pay its own costs up to and including 7 November 2010. 3. That from 8 November 2010, the plaintiff is to pay 50% of the defendant's costs assessed on an indemnity basis. Catchwords: Costs - Indemnity costs - Calderbank letter Cases Cited: Fowdh v Fowdh (unreported, Supreme Court of New South Wales Court of Appeal, Full Court, 4 November 1993, BC 9302200) Category: Costs Parties: Nicholas Georgouras (Plaintiff) Bombardier Investments No. 2 Pty Ltd (Defendant) Representation: Counsel F Salama (Defendant) Solicitors Wood Marshall Williams Lawyers (Defendant) File Number(s): 2010/146839

Judgment 1These proceedings are presently before the Court in relation to costs following the handing down of the principle judgment on 18 July 2011. 2The defendant relies upon a Caldberbank letter of 8 November 2010, which was open for a period of 14 days, expiring at 5pm on 23 November 2010. The offer was to settle the proceedings for $10,000. 3The defendant also handed up two English authorities. Those authorities are readily distinguishable from the unusual circumstances of the case. 4The letter in question was responded to a short time later, where the plaintiff made a counter offer to settle the proceedings for $64,900.