Daftar v Al-Khamisy (No 3) [2014] NSWDC 345

District Court New South Wales

Medium Neutral Citation: Daftar v Al-Khamisy (No 3) [2014] NSWDC 345 Hearing dates: 8 August 2014 Date of orders: 08 August 2014 Decision date: 08 August 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The defendant's costs of the claim and the cross-claim in the period from 17 May 2014 until 31 July 2014, both dates inclusive, be assessed on an indemnity basis but otherwise costs be assessed on an ordinary basis. (2) By consent, the plaintiff to pay to the defendant or his solicitors the sum of $3,074.50 within 14 days, in respect of the plaintiff's share of the costs of the interpreter at the trial. Catchwords: COSTS – application for indemnity costs – based on offer of compromise – open for acceptance for 11 days – unreasonable for offer to be rejected – all of offeror's evidence had been served – offeree had all the material to assess the offer Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.8 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Daftar v Al-Khamisy (No 2) [2014] NSWDC 343 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Khalid Daftar (plaintiff/cross-defendant) Firaass Sabah Ati Al-Khamisy (defendant/cross-claimant) Representation: Counsel: Mr R M Young (plaintiff/cross-defendant) Mr M Southwick (defendant/cross-claimant)

Solicitors: Consolidated Lawyers Pty Limited t/as Madison Marcus Law Firm (plaintiff/cross-defendant) Stojanovic Solicitors (defendant/cross-claimant) File Number(s): 2012/395458 Publication restriction: None