Almario v. Varipatis (No. 3) [2013] NSWSC 93

Supreme Court New South Wales

Medium Neutral Citation: Almario v. Varipatis (No. 3) [2013] NSWSC 93 Hearing dates: On the papers in chambers Decision date: 20 February 2013 Jurisdiction: Common Law Before: Campbell J Decision: I revoke Order 3 pronounced on 21st December 2012 and instead order: 3 (a) The defendant to pay the plaintiff's costs of the proceedings except the costs of and incidental to the plaintiff's claim in deceit; (b) Costs are to be assessed on the ordinary basis up until the end of 19th October 2012; and on an indemnity basis thereafter. (c) Costs awarded include the costs of the application to vary the costs order pronounced on 21/12/2012. Catchwords: COSTS - application for variation of costs order - offers of compromise made by the plaintiff in compliance with UCPR 20.26 - whether circumstances justify an order otherwise than in accordance with the usual rule in UCPR 42.14. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: -Almario v. Varipatis (No. 2) [2012] NSWSC 1578 -Barakat v. Bazdarova [2012] NSWCA 140 -Cheal Industries Pty Ltd, Re; Fitzpatrick v. Cheal [2012] NSWSC 932 -Egan v. Mangarelli (No. 2) [2012] NSWSC 1226 -New South Wales Insurance Ministerial Corp. v. Reeve (1993) 42 NSWLR 100 -Morgan v. Johnson (1998) 44 NSWLR 578 -Old v. McInnes and Hodgkinson [2011] NSWCA 410 -Rail Corporation NSW v. Vero Insurance Limited (No. 2) [2012] NSWSC 926 -Vieira v. O'Shea (No. 2) [2012] NSWCA 121 -Ziliotto v. Dr. Hakim (No. 2) [2012] NSWSC 1079 Category: Costs Parties: Luis Almario (Plaintiff) Emmanuel Varipatis (Defendant) Representation: Counsel: D.E. Graham S.C with N.J. Broadbent (Plaintiff) D.J. Higgs S.C. with Dr. E. Peden (Defendant) Solicitors: Turner Freeman Lawyers (Plaintiff) TressCox Lawyers (Defendant) File Number(s): 2012/100166