Neville v Lam (No 4) [2014] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: Neville v Lam (No 4) [2014] NSWSC 1088 Hearing dates: 12 August 2014 Decision date: 12 August 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order 2 made on 21 May 2014 be set aside. (2) The plaintiff pay the defendant's costs of the proceedings on an ordinary basis up to and including 28 October 2013. (3) The plaintiff pay the defendant's costs of the proceedings thereafter on an indemnity basis, such costs to include the costs of the defendant's motion filed 4 June 2014. (4) The exhibits be returned. Catchwords: COSTS - application for indemnity costs - whether valid offer of compromise - absence of statement that offer made in accordance with the Rules - whether offer genuine compromise - whether finding that rejection of offer was reasonable is a basis for otherwise ordering. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 36.16, r 42.15A Cases Cited: - Barakat v Bazdarova [2012] NSWCA 140 - Commissioner of Taxation v Moodie [2014] NSWCA 59 - Dean v Stockland Property Management Pty Limited (No 2) [2010] NSWCA 141 - Duncan-Strelec v Tate [2010] NSWSC 1256 - Jones v Trad (No 3) [2013] NSWCA 463 - Leichhardt Municipal Council v Green [2004] NSWCA 341 - McGlashan v QBE Insurance (Australia) Ltd (No 4) [2014] NSWSC 882 - Neville v Lam (No 3) [2014] NSWSC 607 - South Eastern Sydney Area Health Service v King [2006] NSWCA 2 - The Uniting Church v Takacs (No 2) [2008] NSWCA 172 Category: Costs Parties: Lisa Neville (Plaintiff) Associate Professor Alan Lam (Defendant) Representation: Counsel: A.J. Bartley SC (Plaintiff) J.M. Sandford (Defendant) Solicitors: Ken Cush & Associates (Plaintiff) Avant Law (Defendant) File Number(s): 2008/289699 Publication restriction: Nil