Bakovski v Lenehan (No 2) [2014] NSWSC 739

Supreme Court New South Wales

Medium Neutral Citation: Bakovski v Lenehan (No 2) [2014] NSWSC 739 Hearing dates: On written submissions Decision date: 02 June 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) Judgment entered in favour of the plaintiffs against the first and second defendants in the sum of $444,772.92. (2) The first and second defendants are to pay the plaintiffs' costs of the proceedings as against the first and second defendants, such costs to be assessed: (a) On the ordinary basis in respect of the period up to and including 21 February 2013; and (b) On the indemnity basis in respect of the period from 22 February 2013 to the date of judgment. Catchwords: COSTS - Calderbank offer - defendants unreasonably refused plaintiffs' offer - costs awarded on an indemnity basis from the date of offer Cases Cited: Bakovski v Lenehan [2014] NSWSC 671 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 Jones v Trad (No 3) [2013] NSWCA 463 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 SMEC Testing Services Pty Limited v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: George Bakovski (First Plaintiff) Vera Bakovski (Second Plaintiff) Norman Rutherford Lenehan t/as Lenehan & Co (First Defendant) James Socrates Arkoudis (Second Defendant) Representation: Counsel: E Finnane (Plaintiffs) G Curtin SC (Defendants) Solicitors: Uther Webster & Evans (Plaintiffs) Gilchrist Connell (Defendants) File Number(s): 2010/269931