Kazas-Rogaris v Gaddam (No. 2) [2014] NSWSC 1886

Supreme Court New South Wales

Medium Neutral Citation: Kazas-Rogaris v Gaddam (No. 2) [2014] NSWSC 1886 Hearing dates: 19 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Davies J Decision: Plaintiff to pay the Defendant's costs on an indemnity basis from 12 June 2014 Catchwords: COSTS – indemnity costs – Calderbank offer – no point of principle Category: Costs Parties: Anne Kazas-Rogaris (Plaintiff) Felicia Gaddam (Defendant) Representation: Counsel: G Stanton (Plaintiff) R Lee (Defendant)

Solicitors: Stefano Laface AJL Legal (Plaintiff) Rhodes Legal (Defendant) File Number(s): 2014/122269

Judgment 1. I gave judgment in this matter on 9 December 2014. The appeal was dismissed and I ordered the Plaintiff to pay the Defendant's costs. The Defendant seeks costs on an indemnity basis, by reason of a Calderbank offer that was made on 12 June 2014. 2. Mr Stanton of counsel has appeared for the Plaintiff this morning and has indicated that his client does not resist an order that costs should be paid on an indemnity basis. I have read the Calderbank offer. I note that in respect of the merits of the case a number of the matters that are set out in that letter were similar to my findings in my judgment. In any event, the compromise that was offered was below what the Defendant would otherwise have been entitled to, given that the appeal was dismissed. 3. In those circumstances the costs order that I made should be amended to provide that the Plaintiff pay the Defendant's costs on an indemnity basis from 12 June 2014.