Carangelo v State of New South Wales (No 2) [2015] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: Carangelo v State of New South Wales (No 2) [2015] NSWSC 889 Hearing dates: 3 July 2015 Decision date: 06 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Note that, the defendant having made a written application for a different order within the time specified, order (2) made on 29 May 2015 is vacated.

2. Order the plaintiff, pursuant to UCPR 42.15A(2)(a), to pay the defendant's costs on the ordinary basis up to and including 10 October 2013.

3. Order the plaintiff, pursuant to UCPR 42.15A(2)(b)(i), to pay the defendant's costs on an indemnity basis from 11 October 2013. Catchwords: COSTS – defendant successful at final hearing - judgment for plaintiff in sum of $50,000 offered - offer involved genuine compromise – UCPR 42.15A triggered – no reason to otherwise order – costs ordered on indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules 2005 (NSW) r 20.26, r 42.13, r 42.15A Cases Cited: Bendix Mintex Pty Ltd v Barnes; Jsekarb Pty Ltd v Barnes, Exxon Ltd v Barnes (1997) 42 NSWLR 307 Carangelo v State of New South Wales [2015] NSWSC 655 Leichardt Municipal Council v Green [2004] NSWCA 341 Prospect Resources Ltd v Molyneux [2015] NSWCA 171 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Benjamin Carangelo (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: M Hammond (Plaintiff) P Menzies QC (Defendant)