Demlakian Engineers Pty Ltd v The Owners of Strata Plan 80453 [2014] NSWSC 759

Supreme Court New South Wales

Medium Neutral Citation: Demlakian Engineers Pty Ltd v The Owners of Strata Plan 80453 [2014] NSWSC 759 Hearing dates: 25 March 2014; 26 March 2014 Decision date: 10 June 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Defendant to pay the plaintiff's costs of proceedings 2011/00310085 up to and including 1 February 2012. Plaintiffs to pay the defendant's costs of those proceedings, on the indemnity basis on and after 2 February 2012. Plaintiff to pay the defendant's costs of proceedings 2012/379744 on the indemnity basis. The judgment sum in 2011/00310085, security for costs paid by plaintiff, and costs due to the plaintiff in those proceedings to be set-off against the costs ordered against the plaintiff in proceedings 2011/00310085 and 2012/379744. Leave to apply for orders to recover any shortfall in costs owing to the defendant from plaintiff's principal solicitors granted. Catchwords: COSTS - plaintiff brought two proceedings which were heard concurrently - plaintiff brought first claim in Local Court - these proceedings were removed to the Supreme Court to be heard alongside second proceedings which alleged breach of copyright - proceedings considered separately for the purpose of costs - plaintiff succeeded in the first proceedings - whether defendant entitled to costs on the indemnity basis from the date of defendant's first offer of compromise where the offer did not specifically mention compromise of the defendant's cross-claim, was said to be 'unclear' by plaintiff, and arose prior to the commencement of the second proceedings - the second proceedings were dismissed - whether defendant entitled to costs on the indemnity basis where plaintiff said to have brought 'hopeless' claim in order to put defendant under pressure to settle first proceedings. Legislation Cited: Legal Profession Act (NSW) s 348 Civil Procedure Act 2005 (NSW) s 98, 98(1)(b) Uniform Civil Procedure Rules 2005 (NSW) r 42.15 Category: Costs Parties: Demlakian Engineers Pty Ltd (Plaintiff) The Owners (Defendant) Representation: Counsel: A. Di Francesco (Plaintiff) A. M. Gruzman (Defendant) Solicitors: Konstan Lawyers (Plaintiff) Di Lizo & Associates (Defendant) File Number(s): 2011/310085; 2012/00379744 Publication restriction: None