Stramit Corporation Pty Ltd v Stone Homes Pty Ltd [2014] NSWSC 514

Supreme Court New South Wales

Medium Neutral Citation: Stramit Corporation Pty Ltd v Stone Homes Pty Ltd [2014] NSWSC 514 Hearing dates: On the papers; written submissions 3, 9, 14 & 29 April 2014 Decision date: 02 May 2014 Jurisdiction: Equity Division - Expedition List Before: Stevenson J Decision: The plaintiffs pay the defendants' costs thrown away by the vacation of the hearing date of 2 July 2013 and pay to the defendants interest on such costs. Otherwise there be no order as to costs to the intent that the parties bear their own costs. Catchwords: PRACTICE AND PROCEDURE - costs - whether any order for costs should be made when both claim and cross claim unsuccessful - whether plaintiffs should pay costs thrown away by vacation of earlier hearing date - offer of compromise - whether unreasonable of plaintiffs to not accept offer Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Drummond and Rosen Pty Limited v Easy (No 2) [2009] NSWCA 331 Illawarra Hotel Company Pty Limited v Walton Construction Pty Limited (No 2) [2013] NSWCA 211 Lahoud v Lahoud [2006] NSWSC 126 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Ryding v Miles (No 2) [2012] NSWSC 312 Stramit Corporation Pty Ltd v Stone Homes Pty Ltd [2014] NSWSC 370 Zepinic v Chateau Constructions (Aust) Limited (No 2) [2014] NSWCA 99 Category: Costs Parties: Stramit Corporation Pty Limited (First Plaintiff/First Cross Defendant) FBHS (AUST) Pty Ltd (Second Plaintiff/Second Cross Defendant) Stone Homes Pty Ltd (First Defendant/First Cross-Claimant) Dennis Malcolm McFadden (Second Defendant/Second Cross-Claimant) Gai Ann McFadden (Third Defendant/Third Cross-Claimant) Best Sheds Pty Ltd (Fourth Defendant) Representation: Counsel: A R Moses SC with J S McLeod (Plaintiffs/Cross Defendants) G A Sirtes SC with S E Gray (Defendants/Cross-Claimants) Solicitors: HWL Ebsworth Lawyers (Plaintiffs/Cross Defendants) GHS Legal Lawyers (Defendants/Cross-Claimants) File Number(s): SC 2012/365061 Publication restriction: Nil