Russo v Desiatnik (No 3) [2015] NSWSC 606

Supreme Court New South Wales

Medium Neutral Citation: Russo v Desiatnik (No 3) [2015] NSWSC 606 Hearing dates: 19 May 2015 Decision date: 20 May 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The orders made by Magistrate Wahlquist on 19 September 2013 are amended so that they read as follows: Verdict for Plaintiff. Judgment given for $28,086.50 Filing Fees: $424.00 Service Fees: $50.00 Plus interest on $28,560.50 pursuant to s 100 of the Civil Procedure Act 2005 (NSW) from 24 August 2006. (2) The plaintiff must pay the defendant's costs of and incidental to the appeal and cross-appeal, including reserved costs and the costs of and incidental to the hearing on 19 May 2015. (3) Such costs are to be on a party to party basis up to 27 August 2014 and thereafter on an indemnity basis. (4) Such costs, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), are assessed, on a gross sum basis, at $24,000. Catchwords: COSTS – indemnity costs – whether it was unreasonable for the plaintiff to reject offer of compromise – whether gross sum costs order should be made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Local Court Act 2007 (NSW), s 39 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brown v Dunn (1893) 6 R 67 Calderbank v Calderbank [1975] 3 All ER 333 Guss v Veenhuizen (No 2) [1976] HCA 57; 136 CLR 47 Hamod v State of New South Wales [2011] NSWCA 375 Idoport Pty Limited v National Australia Bank Limited & Ors, Idoport Pty Ltd v Donald Robert Argus [2007] NSWSC 23 Noon & Anor v Bondi Beach Astra Retirement Village Pty Ltd & Anor (No 2) [2010] NSWCA 285 Russo v Desiatnik (No 2) [2015] NSWSC 256 Category: Costs Parties: Salvatore Russo (Plaintiff) Ronald J Desiatnik (Defendant) Representation: Counsel: E Peden (Defendant)