Nicolaou v The Federation of Ethnic Communities’ Councils of Australia (No 2) [2015] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: Nicolaou v The Federation of Ethnic Communities' Councils of Australia (No 2) [2015] NSWSC 1661 Hearing dates: By way of written submissions Date of orders: 09 November 2015 Decision date: 09 November 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: COSTS – no point of principle - defendant seeks indemnity costs in relation to Local Court appeal proceedings – Calderbank offer made – whether Calderbank offer genuine – whether it was unreasonable for the plaintiff not to accept Calderbank offer Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Cat Media Pty Ltd v Allianz Australian Insurance Ltd [2006] NSWSC 790 Leichhardt Municipal Council v Green [2004] NSWCA 341 Nicolaou v The Federation of Ethnic Communities' Councils of Australia [2015] NSWSC 144 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Sydney City Council v Geftlick [2006] NSWCA 280 Category: Costs Parties: Dr Loucas Nicolaou (Plaintiff) The Federation of Ethnic Communities' Councils of Australia (Defendant) Representation: Counsel: D Eardley (Plaintiff) C O'Neill (Defendant)

Solicitors: Emanuel Refenes (Plaintiff) M&K Lawyers Group (Defendant) File Number(s): 2015/184951 Publication restriction: Nil