Alceon Group Pty Ltd v Rose (No 2) [2015] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: Alceon Group Pty Ltd v Rose (No 2) [2015] NSWSC 1325 Hearing dates: On the papers Decision date: 11 September 2015 Jurisdiction: Common Law Before: Simpson J Decision: (1) The first defendant pay the costs of the plaintiff assessed on the ordinary basis;

(2) The plaintiff pay the costs of the second defendant. Catchwords: COSTS - where offer of compromise made by plaintiff and not accepted, Uniform Civil Procedure Rules 2005 (NSW) 20.26 - offer only capable of acceptance by defendants acting jointly - second defendant successful at trial - offer not more favourable than result - first defendant to pay costs of plaintiff on ordinary basis

COSTS - where partial success of second defendant - failed defences not argued at trial - failed defences identical to those of first defendant - costs of preparation coextensive with those regarding first defendant - order in favour of plaintiff would enable duplicate recovery - plaintiff to pay costs of second defendant Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW) 20.26, 42.12 Cases Cited: Alceon Group Pty Ltd v Rose [2015] NSWSC 868 Calderbank v Calderbank [1975] 3 All ER 333 Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 Category: Costs Parties: Alceon Group Pty Ltd (Plaintiff/First Cross-defendant/Second Cross-defendant) Peter Francis Rose (First Defendant/Second Cross-defendant) Betty Nola Rose (Second Defendant/First Cross-claimant) Representation: Counsel: S B Docker (Plaintiff/First Cross-Defendant/Second Cross-Defendant) S Mattiussi (First Defendant/Second Cross-Defendant) N J Kidd SC (Second Defendant/First Cross-Claimant)