Ozkan Erten v Kellogg Superannuation Pty Limited [2013] NSWSC 1780

Supreme Court New South Wales

Medium Neutral Citation: Ozkan Erten v Kellogg Superannuation Pty Limited [2013] NSWSC 1780 Hearing dates: 17 October 2013 Decision date: 06 December 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1)Order the plaintiff to pay the first defendant's costs of the proceedings (including for existing costs orders) in the gross sum of $51,429. (2)Order the plaintiff to pay the second defendant's costs of the proceedings (including for existing costs orders) in the gross sum of $108,315. Catchwords: COSTS ORDER - whether offer of compromise on terms that a verdict be entered for defendant and each party bears their own costs constitutes an offer for the purposes of UCPR r 20.26 - where proceedings dismissed because plaintiff did not appear at hearing - whether a gross sum for costs should be awarded - where plaintiff unlikely to satisfy a costs order made against him. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1976] Fam. 93 Erzurumlu v Kellogg Superannuation Pty Limited [2013] NSWSC 1115 Fernance v Wreckair Pty Ltd & Anor (No 2) (1992) 43 IR 300 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Hannover Life Re of Australasia Ltd v Dargan [2013] NSWCA 57 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Ozkan Erten (Plaintiff) Kellogg Superannuation Pty Limited (First Defendant) Hannover Life Re of Australasia Limited (Second Defendant) Representation: Counsel: B McManus (First Defendant) J Duncan (Second Defendant) Solicitors: Kennedys (Australasia) Pty Limited (First Defendant) TurksLegal (Second Defendant) File Number(s): 2011/320412