Stephen Wayne Velik & Anor v Noreen Steingold (No. 2) [2012] NSWSC 1347

Supreme Court New South Wales

Medium Neutral Citation: Stephen Wayne Velik & Anor v Noreen Steingold (No. 2) [2012] NSWSC 1347 Hearing dates: 4 September 2012 Decision date: 29 October 2012 Jurisdiction: Equity Division Before: Slattery J Decision: Order that the plaintiffs pay 75 per cent of the defendant's costs of these proceedings, which include the costs of this argument as to costs. Catchwords: PROCEDURE - Costs - indemnity costs - whether costs follow the event - defendant successful in proceedings on issue raised in a late amendment - whether costs should follow the event - defendant claims indemnity costs based on (1) a settlement offer made before proceedings were commenced and (2) a later settlement offer that included a fixed sum for costs - whether first offer could base a claim for indemnity costs - whether second offer compliant with UCPR, r 26.20. Legislation Cited: Conveyancing Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Downing v WIN Television (NSW) Pty Ltd (No 4) [2011] NSWSC 1257 Elite Protective Personnel Pty Ltd & Anor v Salmon [2007] NSWCA 322 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435 Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344 Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 587 Velik v Steingold [2012] NSWSC 860 Texts Cited: G E Dal Pont, Law Of Costs (2nd ed) Category: Costs Parties: First Plaintiff- Stephen Wayne Velik Second Plaintiff- Laura Allison Velik Defendant- Noreen Steingold Representation: First & Second Plaintiff- R. Scruby Defendant- D. D. Knoll AM First & Second Plaintiff- Stephen Velik, SV Law Defendant- Steven Lewis, Slater & Gordon File Number(s): 2010/96975 Publication restriction: No