Harold R Finger & Co Pty Ltd v Karellas Investments Pty Ltd (No 2) [2015] NSWSC 687

Supreme Court New South Wales

Medium Neutral Citation: Harold R Finger & Co Pty Ltd v Karellas Investments Pty Ltd (No 2) [2015] NSWSC 687 Hearing dates: Decided on the papers Date of orders: 02 June 2015 Decision date: 02 June 2015 Jurisdiction: Equity Division Before: Robb J Decision: The Court (1) orders that the costs that the plaintiff is required to pay to the defendants under order 2 made on 2 April 2015 be payable on the ordinary basis (2) orders that the defendants have leave to file the affidavit of Laura Charlotte Scotton sworn on 8 April 2015 Catchwords: PROCEDURE – costs – plaintiff's claim in substantive proceedings was dismissed – plaintiff ordered to pay the defendants' cost of proceedings on the ordinary basis – defendants seek costs be paid on the indemnity basis – Calderbank offers made by defendants – proceedings involved contentious issues which were reasonably arguable on both sides – defendant required to make genuine compromise of the plaintiff's claim – Calderbank offers ineffective – costs be payable on the ordinary basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) (2006) 67 NSWLR 706 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Tugrul v Tarrants Financial Consultants Pty Ltd (No 5) [2014] NSWSC 437 Category: Costs Parties: Harold R Finger & Co Pty Ltd (plaintiff) Karellas Investments Pty Ltd (first defendant) Karellas Group Pty Ltd (second defendant) Representation: Counsel: DH Murr SC/J Horowitz (plaintiff) CR Newlinds SC/D Barnett (first and second defendants)