TX Australia Pty Limited v Broadcast Australia Pty Limited (Costs) [2012] NSWSC 1200

Supreme Court New South Wales

Medium Neutral Citation: TX Australia Pty Limited v Broadcast Australia Pty Limited (Costs) [2012] NSWSC 1200 Hearing dates: Submissions: 3, 10, 17 February 2012 Decision date: 10 September 2012 Jurisdiction: Equity Division - Commercial List Before: Brereton J Decision: Plaintiff to pay defendant's costs of proceedings assessed on the ordinary basis; defendant to pay plaintiff's costs of costs application Catchwords: COSTS - offer of compromise - whether indemnity costs should be ordered - whether court should otherwise order - where plaintiff rejected defendant's offer of judgment for the defendant with each party to bears its own costs - where outcome was less favourable to plaintiff - whether offer by defendant was a genuine offer of compromise - factors in determining whether an offer involved a real measure of compromise - whether offer was realistically calculated to bring about a compromise of the proceedings - UCPR r 42.15A - UCPR r 20.26(2) Legislation Cited: (NSW) Uniform Civil Procedure Rules, 2005, r 42.15A, r 20.26(2) Cases Cited: Regency Media Pty Limited v AAV Australia Pty Limited [2009] NSWCA 368 Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Ying v Song [2011] NSWSC 618 Morgan v Johnson (1998) 44 NSWLR 578 Hilllier v Sheather (1995) 36 NSWLR 414 Caine v Lumley General Insurance Ltd (No 2) [2008] NSWCA 109 Melchior v Sydney Adventist Hospital Ltd (No 2) [2009] NSWSC 65 Category: Costs Parties: TX Australia Pty Limited (plaintiff) Broadcast Australia Pty Limited (defendant) Representation: Counsel: AJ Payne SC w MJ O'Meara (plaintiff) JT Gleeson SC w JA Potts (defendant) Solicitors: Gilbert & Tobin (plaintiff) Minter Ellison (defendant) File Number(s): 2011/194227