Stambolziovski v Nestorovic (No 3) [2014] NSWDC 346

District Court New South Wales

Medium Neutral Citation: Stambolziovski v Nestorovic (No 3) [2014] NSWDC 346 Hearing dates: 4 December 2014 Date of orders: 04 December 2014 Decision date: 04 December 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Dismiss the application for indemnity costs and I confirm the costs orders made on 30 September 2014. (2) Order that there be no order in respect of the costs of today with the intent that these costs do not fall within the terms of the costs ordered on 30 September 2014 but that each party bear their own costs of today. Catchwords: COSTS – application for indemnity costs order – based on offer of compromise – offer for judgment for defendant with each party to pay its own costs – whether unreasonable for offer to be rejected – whether a genuine compromise – multiple claims pleaded – offer to one of two defendants Legislation Cited: Uniform Civil Procedure Rules 2005, r 1.11, r 20.26, r 42.1, r 42.7, r 42.15A Cases Cited: Simmons v Rockdale City Council (No 2) [2014] NSWSC 1275 Stambolziovski v Nestorovic (No 2) [2014] NSWDC 292 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Blaga Stambolziovski (plaintiff) Lilly Nestorovic (first defendant/cross-claimant to second cross-claim) Camanaro Prestige Properties Pty Limited ACN 101 515 744 t/as Sydneyhome Real Estate Ramsgate Beach (second defendant) Sasha Stambolziovski (cross-defendant to second cross-claim) Representation: Counsel: Mr Tzatzagos (plaintiff)