Ismail v NSW Land & Housing [2014] NSWSC 1434

Supreme Court New South Wales

Medium Neutral Citation: Ismail v NSW Land & Housing [2014] NSWSC 1434 Hearing dates: 9 October 2014 Decision date: 09 October 2014 Jurisdiction: Common Law Before: Button J Decision: 1. Judgment for the Plaintiff. 2. The Defendant is to pay to the Plaintiff's damages of $36,664. 3. Pursuant to s 66 of the Supreme Court Act 1970 (NSW) the Defendant is to take necessary steps to remove any water entering the Plaintiff's property known as 4 Anderson Avenue, Liverpool in the State of New South Wales (with folio identifier 54/35980) through the terracotta pipe that laterally traverses the Defendant's property at 6 Anderson Avenue, Liverpool in the State of New South Wales (with folio identifier 53/35980). 4. The Defendant is to pay the Plaintiff's costs of the proceedings on the usual basis up until 17 July 2013 and on an indemnity basis thereafter. Catchwords: TORTS - trespass - private nuisance - settlement of matter on day of hearing

COSTS - indemnity costs - where offer of compromise made by the plaintiff prior to hearing - no dispute that offer of compromise was genuine - whether it was unreasonable for the defendant to reject the offer of compromise Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1)(c) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Jenan Ismail (Plaintiff) New South Wales Land and Housing Corporation (Defendant) Representation: Counsel: J Jobson (Plaintiff) M Bennett (Defendant) Solicitors: Madison Marcus Law Firm Pty Ltd (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2013/308832