The Owners - Strata Plan No. 61162 v Lipman The Owners Strata Plan No 61162 v Building Insurer's Guarantee Corporation [2014] NSWSC 622

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 61162 v Lipman The Owners Strata Plan No 61162 v Building Insurer's Guarantee Corporation [2014] NSWSC 622 Hearing dates: 29/04/2014, 30/04/2014 Decision date: 23 May 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: No order for indemnity costs. Defendants to pay 40% of plaintiff's costs, excluding costs relating to the applications for special costs orders, assessed on the ordinary basis. Those costs to be set off against unsatisfied costs orders in favour of defendants. Decline to order interest on costs. No other order as to costs. Catchwords: PROCEDURE - costs - departing from the general rule - general discretion as to costs - whether the court should "order otherwise" as to costs where plaintiff unsuccessful on several claims - application of Uniform Civil Procedure Rules 2005 (NSW) r 42.14

PROCEDURE - costs - costs of mediation - where mediation undertaken at consent direction of the Court - whether costs of mediation are costs in the proceedings

PROCEDURE - costs - departing from the general rule - offers of compromise and Calderbank offers - Whether unreasonable for defendants to reject offers of compromise and Calderbank offers where minimal evidence served at the time of the offer - whether unreasonable for defendants to reject offers of compromise and Calderbank offers where no indication of costs incurred

PROCEDURE - costs - departing from the general rule - whether costs should be apportioned in cases where there are numerous claims - whether costs should be apportioned where parties have entire or substantial success on some claims but not others - whether costs should be apportioned in relation to discrete claims - how costs can reflect in a practical way the extent to which each of the parties were successful on different claims