Westpac Banking Corporation v ZH International Pty Ltd (No. 2) [2015] NSWSC 679

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v ZH International Pty Ltd (No. 2) [2015] NSWSC 679 Hearing dates: On the papers Decision date: 02 June 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendants to pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 6 May 2015 and on an indemnity basis thereafter. Catchwords: COSTS – indemnity costs – successful plaintiff sought order for indemnity costs on basis of two offers of compromise – order not appropriate in relation to defendants' failure to accept first offer – defendants' refusal of second offer unreasonable – indemnity costs awarded

EVIDENCE – admissibility of affidavit evidence of settlement negotiations sought to be read on application for indemnity costs – whether evidence admissible under s 131(2)(e) or (g) – evidence rejected Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Evidence Act 1995 (NSW), s 131 Cases Cited: Calderbank v Calderbank [1976] Fam 93 Messiter v Hutchinson (1987) 10 NSWLR 525 Westpac Banking Corporation v ZH International Pty Ltd; Bronte Properties Pty Ltd v ZH International Pty Ltd [2015] NSWSC 607 Texts Cited: --- Category: Costs Parties: Westpac Banking Corporation (Plaintiff) ZH International Pty Ltd (First Defendant) Hui Zhang (aka John Zhang and Hu Zhang) (Second Defendant) Representation: Counsel: AP Coleman SC/TD Castle (Plaintiff) P Bolster (Defendants)