SWM Financial Services Pty Ltd v Lloyd (No 2) [2012] NSWSC 202

Supreme Court New South Wales

Medium Neutral Citation: SWM Financial Services Pty Ltd v Lloyd (No 2) [2012] NSWSC 202 Hearing dates: 20 February 2012 Decision date: 09 March 2012 Jurisdiction: Equity Division Before: Ball J Decision: (1) The plaintiffs pay the defendants costs of the proceedings. (2) The first and second defendants pay plaintiffs' costs directly attributable to the cross-claim. Catchwords: PROCEDURE - costs - whether court should make single costs order in relation to failed claim and cross-claim - form of costs order involving failed cross-claim. PROCEDURE - costs - application for costs on indemnity basis - Calderbank offer - whether genuine offer of compromise - whether offer only inviting capitulation. PROCEDURE - costs - where award of nominal damages - not to be regarded as the successful party in the action. Cases Cited: Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 WLR 394; [1984] 1 All ER 685 Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Baresic v Slingshot Holdings Pty Ltd (No 2) [2005] NSWCA 160 Council of the City of Liverpool v Turano (No 2) [2009] NSWCA 176 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; 76 NSWLR 603 Leichhardt Municipal Council v Green [2004] NSWCA 341 Mid-City Skin Cancer & Laser Centre Pty Ltd v Zahedi-Anarak [2006] NSWSC 1149 Oshlack v Richmond River Council (1998) 193 CLR 72 Ng v Chong [2005] NSWSC 385 Ng v Chong [2010] NSWSC 127 SWM Financial Services Pty Ltd v Lloyd [2011] NSWSC 1108 The Uniting Church v Takacs (No 2) [2008] NSWCA 172 Wentworth v Rogers [1999] NSWCA 403 Category: Costs Parties: SWM Financial Services Pty Ltd (First Plaintiff) Michael William Murphy (Second Plaintiff) Kendall McMaster (Third Plaintiff) Mark Frederick (Fourth Plaintiff) Stuart G Lloyd (First Defendant) Belinda Wu (Second Defendant) James Finlay (Third Defendant) Judy Wai Ching Wu (Fourth Defendant) TTT Australia Pty Ltd (Fifth Defendant) Representation: Mr M Condon (Plaintiffs) Mr R Alkadamani (First & Second Defendants) Mr S R Meehan (Third to Fifth Defendants) Somerset Ryckmans (Plaintiffs) Haywards (First & Second Defendants) Meridian Lawyers (Third to Fifth Defendants) File Number(s): 2009/287505