Dee-Tech Pty Limited & Anor v Neddam Holdings Pty Limited (No. 2) [2012] NSWSC 517

Supreme Court New South Wales

Medium Neutral Citation: Dee-Tech Pty Limited & Anor v Neddam Holdings Pty Limited (No. 2) [2012] NSWSC 517 Hearing dates: 2 May 2012 Decision date: 18 May 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [63] and [82] of judgment. Catchwords: LANDLORD AND TENANT - leases - no express term as to when contribution to outgoings became due - contribution to be paid within reasonable time - reasonable time was within 30 days of delivery of invoices - no evidence of variation of lease with respect to payment of interest

COSTS - exceptions to the general rule that costs follow the event - multiple issues - partial success - success or failure on each type of charge had separate monetary consequence - costs significantly increased by separate issues raised by late amendments - lessee ordered to pay two-thirds of costs of account

COSTS - exceptions to the general rule that costs follow the event - where offer of compromise or Calderbank letter - no reference to claim for interest in offer - failure to accept offer not unreasonable - offer ambiguous - acceptance of offer would not have resolved underlying dispute - non-acceptance of offer not affect appropriate costs order made

COSTS - application for indemnity costs to give effect to terms of lease - lease did not require payment of costs on indemnity basis

LANDLORD AND TENANT - leases - forfeiture of lease - relief against forfeiture - whether relief against forfeiture should be made conditional upon compliance with earlier orders of the court - conditions of relief under Conveyancing Act 1919, s 133F - inclusion of condition with aim to avoid future litigation