Taheri v Vitek (No 2) [2014] NSWCA 344

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taheri v Vitek (No 2) [2014] NSWCA 344 Hearing dates: On the papers Decision date: 03 October 2014 Before: Bathurst CJ; Emmett JA; Leeming JA Decision: In each appeal: 1. Vary order 1 made on 1 July 2014 to order that the appellant pay the respondents' costs of the proceedings on an ordinary basis until 1 May 2014, and on an indemnity basis thereafter. 2. Order that the appellant pay the respondents' costs of the notice of motion filed 9 July 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - offer of compromise - "walk-away" offer - substantial compromise in foregoing costs - special costs order made Legislation Cited: Uniform Civil Procedure Rules (Amendment No 59) 2013 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.16, 42.15, 51.47 Cases Cited: Botany Bay City Council v Latham (No 2) [2013] NSWCA 450 Calderbank v Calderbank [1975] 3 All ER 333 Kable v New South Wales (No 2) [2012] NSWCA 361 Category: Costs Parties: Veeda Taheri (Appellant) Peter Vitek (1st Respondent) Shoshana Vitek (2nd Respondent) Representation: Counsel: B Walker SC / M Sneddon (Appellant) D Pritchard SC / B Zipser (Respondents) Solicitors: McLaughlin & Riordan (Appellant) Farrar Lawyers (Respondents) File Number(s): 2013/364156; 2013/200165 Decision under appeal Citation: [2013] NSWSC 589; [2013] NSWSC 1764 Before: Bergin CJ in Eq; Rein J File Number(s): 2010/328982; 2005/258339