Omar v Quit4good Pty Ltd [2015] NSWLC 14

Local Court New South Wales

Medium Neutral Citation: Omar v Quit4good Pty Ltd [2015] NSWLC 14 Hearing dates: 29 May 2015 Decision date: 31 July 2015 Jurisdiction: Civil Before: Stapleton LCM Decision: Order that the defendant pay the plaintiff's costs in the sum of $1,013. Catchwords: COSTS - plaintiff's claim for less than $20,000 dismissed - defendant's application for indemnity costs or ordinary costs - discretion under s 98, Civil Procedure Act 2005 - effect of Part G "Maximum Costs Order", Local Court Practice Note Civ 1 - Calderbank offer - proportionality of costs Legislation Cited: Civil Procedure Act 2005, s 98 Local Court Practice Note Civ 1 Cases Cited: Ada Evans Chambers Pty Ltd v Santisi [2014] NSWSC 538 Calderbank v Calderbank [1975] 3 All ER 333 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd (No 2) [2008] NSWCA 273 Leichhardt Municipal Council v Green [2004] NSWCA 341 Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA 124 Williams v Lewer [1974] 2 NSWLR 91 Category: Costs Parties: Dr Mohammad Q Omar (plaintiff) Quit4good Pty Ltd (defendant) Representation: Solicitors: Remington & Co Solicitors (for the plaintiff) Citilawyers Pty Ltd (for the defendant) File Number(s): 2012/396226 Publication restriction: Nil

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JUDGMENT 1. On 27 March 2015 the plaintiff's claim was dismissed after hearing. An order was made that the plaintiff pay the defendant's costs and the matter was stood over for argument as to the basis of those costs. 2. The defendant applies for a costs order: 1. up to 22 September 2014 or 25 September 2014 on the ordinary basis and thereafter on an indemnity basis; 2. for appearing on a return of subpoena on 4 February 2015 on an ordinary or indemnity basis; and 3. for this application on an indemnity or ordinary basis.