Josip Duic v Emil Duic [2012] NSWSC 113

Supreme Court New South Wales

Medium Neutral Citation: Josip Duic v Emil Duic [2012] NSWSC 113 Hearing dates: 22/02/2012 Decision date: 22 February 2012 Jurisdiction: Equity Division Before: Einstein J Decision: (1)There is to be no order for costs against the plaintiff in respect of the so-called formal offer of compromise concerning the 7 February offer of compromise; (2)The plaintiff is otherwise to pay the defendant's costs (including those costs ordered by Justice Hall in these proceedings on 17 March 2011) on the ordinary basis up to 13 May 2011 and thereafter on an indemnity basis. Catchwords: COSTS Legislation Cited: Uniform Civil Procedure Rules (NSW) 2005 Cases Cited: Allplastics Engineering Pty Ltd v Dornoch Ltd [2006] NSWCA 33 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 NSW v Stanley [2007] NSWCA 330 Oshlack v Richmond River Council (1998) 193 CLR 72 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Williams v Lewer [1974] 2 NSWLR 91 Category: Costs Parties: Josip Duic (Plaintiff) Emil Duic (Defendant) Representation: Counsel Mr D Raphael (Plaintiff) Mr R Gration (Defendant) Solicitors Penhall & Co (Plaintiff) Sage Solicitors (Defendant) File Number(s): 2011/64779

Judgment 1The judgment in these proceedings was handed down on 16 February 2012. The parties were required to bring in short minutes of order reflecting the reasons for the decision at which time the parties would be given an opportunity to address on costs. 2Both parties have now acted accordingly. It falls for the Court to make orders in relation to costs.