Sydney Harbour Federation Trust v McCluskey [2012] NSWSC 421

Supreme Court New South Wales

Medium Neutral Citation: Sydney Harbour Federation Trust v McCluskey [2012] NSWSC 421 Hearing dates: On the papers Decision date: 04 May 2012 Jurisdiction: Common Law Before: Harrison J Decision: Second defendant to pay the Trust's costs up to and including 30 June 2011 on the ordinary basis and on and from 1 July 2011 on an indemnity basis Catchwords: COSTS - UCPR 42.1 - whether plaintiff is entitled to costs on an indemnity basis having regard to the overall requirements of justice - whether second defendant's rejection of plaintiff's offers to compromise the proceedings were unreasonable - costs awarded to plaintiff on an indemnity basis from 1 July 2011 Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Bofinger & Anor v Kingsway Group Pty Ltd & Ors (No. 2) [2009] NSWCA 172 Guest v Karl Romandi & Helen De Luis Pty Ltd (No. 2) [2012] NSWCA 105 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2007] NSWSC 671 Category: Costs Parties: Sydney Harbour Federation Trust (Plaintiff) Lena Lahood-Seghabi (Second Defendant) Representation: M W Sneddon (Plaintiff) Robinson Legal (Plaintiff) Cunningham Legal (Second Defendant) File Number(s): 2010/308790

Judgment 1HIS HONOUR: I delivered reasons for judgment in the principal proceedings on 23 March 2012: see [2012] NSWSC 253. I did not deal with the question of costs pending further submissions by the parties. These reasons deal with that topic. 2The Trust was wholly successful in the proceedings. The second defendant accepts in those circumstances that costs should follow the event: UCPR 42.1 cf Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 at [67]. The only issue is whether or not the Trust is or may be entitled to costs of some part of the proceedings on an indemnity basis.