Gladio Pty Ltd v Buckworth (No 2) [2015] NSWSC 1462

Supreme Court New South Wales

Medium Neutral Citation: Gladio Pty Ltd v Buckworth (No 2) [2015] NSWSC 1462 Hearing dates: On the papers Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Equity Before: McDougall J Decision: See at paragraph [99]. Catchwords: COSTS – claim against first defendant – UCPR rule 42.34 – costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court – whether District Court had jurisdiction to hear the matter – whether Court should in any case exercise its residual discretion to award the plaintiff costs – where plaintiff made a Calderbank offer to settle on payment of $400,000 from the defendants – where the sum the subject of the proceedings was only $145,000 – consequence that offer was unreasonable – no reason to depart from the position set out in rule 42.34 – claim against second defendant – costs should follow the event

COSTS – cross-claims – first defendant's cross-claim against second defendant – contention that cross-claim was brought as a matter of necessity – not accepted – where cross-claim in any event misconceived – second defendant's cross-claim against its managing agent – whether appropriate to make a Sanderson order – whether appropriate to make a Bullock order – where bringing of cross-claim was a reasonable response to claims made against second defendant – result that plaintiff and first defendant should indemnify the second defendant in respect of its cross-claim – refusal to accept offers of compromise not unreasonable Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brookfield Multiplex Pty Ltd v Owners-Strata Plan No 61288 (2014) 88 ALJR 911 Liversidge v Anderson [1942] AC 206 Category: Costs Parties: Gladio Pty Ltd (Plaintiff) Virginia Louise Buckworth (First Defendant) Ashdown Home Units Pty Ltd (Second Defendant) Laser Cheque Pty Ltd t/as Sydney Company Title Management (Cross-Defendant) Representation: Counsel: G Lucarelli (Plaintiff) D E Grieve QC (First Defendant) M A Izzo (Second Defendant) P A Horvath (Cross-Defendant)