Dobrohotoff v Bennic (No 2) [2013] NSWLEC 139

Land and Environment Court New South Wales

Medium Neutral Citation: Dobrohotoff v Bennic (No 2) [2013] NSWLEC 139 Hearing dates: 20 August 2013 Decision date: 20 August 2013 Jurisdiction: Class 4 Before: Pepper J Decision: The orders of the Court are as follows: (1) the applicants' notice of motion filed 22 May 2013 is dismissed with no order as to costs; (2) the respondent's notice of motion filed 16 May 2013 is dismissed with no order as to costs; (3) the respondent is to pay the applicants' costs of the proceedings up to and including 2 May 2013 on an ordinary basis; and (4) the exhibits are to be returned. Catchwords: COSTS: whether either party should have their costs paid on an indemnity basis - Calderbank offers served by each party - applicable legal principles - whether offers genuine - whether rejection of offers unreasonable - whether costs should be apportioned - costs payable on an ordinary basis - costs not to be apportioned. Legislation Cited: Civil Procedure Act 2005, s 98 Environmental Planning and Assessment Act 1979, s 76B Uniform Civil Procedure Rules 2005, rr 42.1, 42.2 Cases Cited: A&M Green Investments Pty Ltd v Albury City Council (No 2) [2012] NSWLEC 164; (2012) 189 LGERA 217 Al Amanah College Inc v Minister for Education and Training (No 4) [2012] NSWLEC 26 Calderbank v Calderbank [1975] 3 All ER 333 Davies v Sydney Water Corporation (No 2) [2012] NSWLEC 150; (2012) 188 LGERA 451 Dobrohotoff v Bennic [2013] NSWLEC 61 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 SWM Financial Services Pty Ltd v Lloyd (No 2) [2012] NSWSC 202 Technology Leasing Ltd v Lennmar Pty Ltd (No 2) [2012] FCA 1216 Category: Costs Parties: John Dobrohotoff (First Applicant) Rosemary Dobrohotoff (Second Applicant) Rhonda Louise Bennic (Respondent) Representation: Mr J Lazarus (Applicants) Ms K Millist-Spendlove (Respondent) Conditsis Lawyers (Applicants) The Law Company (Respondent) File Number(s): 40145 of 2013