Royal Guardian Mortgage Management Pty Limited v Nguyen (No 2) [2014] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: Royal Guardian Mortgage Management Pty Limited v Nguyen (No 2) [2014] NSWSC 1327 Hearing dates: On the papers Decision date: 26 September 2014 Jurisdiction: Common Law Before: Adams J Decision: (i) In respect of its action the plaintiff to pay the defendants the costs of and incidental to the proceeding, from 24 March 2011 (including as to the question of costs) on an indemnity basis. (ii) In respect of the cross action the plaintiff to pay the defendants' costs of and incidental to the proceedings, from 26 July 2012 (including as to the question of costs) on an indemnity basis. Catchwords: COSTS - indemnity costs ordered - where Calderbank offer made - where statement of claim and defence to cross claim had no honest basis Legislation Cited: Evidence Act 2005 (NSW), s 140(2) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.7(1) Cases Cited: Leichardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Leichardt Municipal Council v Green [2004] NSWCA 341 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2012] NSWSC 607 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2012] NSWSC 769 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2012] NSWSC 874 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2013] NSWSC 636 Category: Costs Parties: Royal Guardian Mortgage Management Pty Ltd (Plaintiff/ Cross Defendant) Beth Ngoc Nguyen (First Defendant/ First Cross Claimant) Ian Stolyar (Second Defendant/ Second Cross Claimant) Representation: Counsel: M W Young SC (Plaintiff/ Cross Defendant) B Kaplan (Defendants/ Cross Claimants) Solicitors: Bransgroves Lawyers (Plaintiff/ Cross Defendant) Gibert & Tobin (Defendants/ Cross Claimants File Number(s): 2010/105936