In the matter of Kit Digital Australia Pty Ltd (in liq) [2014] NSWSC 1786

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kit Digital Australia Pty Ltd (in liq) [2014] NSWSC 1786 Decision date: 12 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made that plaintiff pay the defendants' costs of proceedings (excluding the costs of the application) on an ordinary basis, as agreed or as assessed. Order made that defendants pay the costs of the application on an ordinary basis, as agreed or as assessed. Catchwords: PROCEDURE - costs - general rule that costs follow the event - whether reason shown to depart from general rule - orders sought by first and second defendants against plaintiff for costs on indemnity basis - offers of compromise - whether there was a genuine offer of compromise - whether rejection of offer by plaintiff was unreasonable - whether circumstances otherwise justify order for costs against plaintiff on indemnity basis. Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - Jones v Bradley (No 2) [2003] NSWCA 258 - Leichhardt Municipal Council v Green [2004] NSWCA 341 - Nu Line Construction Group Pty Ltd v - Fowler (aka Grippaudo) [2012] NSWSC 816 - Prosperity Advisers Pty Ltd v Secure Enterprises Pty Ltd [2012] NSWCA 192 Category: Costs Parties: Gestion Pty Ltd (Plaintiff) Kit Digital Australia Pty Ltd (in liq) (First Defendant) Stephen Graham Longley, Marcus William Ayres and Nicholas John Martin in their capacities as former joint and several administrators of and joint and several liquidators of Kit Digital Australia Pty Ltd (in liq) (Second Defendants) Representation: Counsel: A F Fernon (Plaintiff) D L Cook (Defendants) Solicitors: Yates Beaggi Lawyers (Plaintiff) Norton Rose Fulbright (Defendants) File Number(s): 2013/149867