AAI Limited v Josipovic (No 2) [2013] NSWSC 1577

Supreme Court New South Wales

Medium Neutral Citation: AAI Limited v Josipovic (No 2) [2013] NSWSC 1577 Hearing dates: In chambers on the papers Decision date: 01 November 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) First defendant's application for indemnity costs is dismissed; (2) Each party to bear its or her own costs of the application. Catchwords: COSTS - offer of compromise purportedly made in accordance with r 20.26 Uniform Civil Procedure Rules 2005 (NSW) - application for indemnity costs pursuant to r 42.15A - whether offer made in public law claim in the Court's supervisory jurisdiction engages r 20.26 - whether an order dismissing the proceedings engages r 42.15A Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AAI Limited v Josipovic [2013] NSWSC 1524 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Dawson v ACP Publishing Pty Ltd [2007] NSWSC 542 Morgan v Johnson (1998) 44 NSWLR 578 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Costs Parties: AAI Ltd (plaintiff) Biljana Josipovic (defendant) Representation: Counsel: MA Robinson SC (plaintiff) JE Sexton SC with JK Trainor and J Lee (defendant) Solicitors: Curwoods Lawyers (plaintiff) Gajic & Co (defendant) File Number(s): 2013/140606