Awad v ISPT Pty Limited & Jones Lang LaSalle (NSW) Pty Limited & Glad Cleaning Services Pty Limited (No 2) [2015] NSWDC 330

District Court New South Wales

Medium Neutral Citation: Awad v ISPT Pty Limited & Jones Lang LaSalle (NSW) Pty Limited & Glad Cleaning Services Pty Limited (No 2) [2015] NSWDC 330 Hearing dates: 30 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Application by the first defendant for indemnity costs against the plaintiff refused Catchwords: COSTS – Offer of compromise found defective – Calderbank offer effective in default – Whether plaintiff's refusal of first defendant's offer unreasonable – First defendant found not liable on principal claim – Material exculpating first defendant produced on subpoena on 15 October 2014 – Only after exculpatory material produced could plaintiff's non-acceptance be unreasonable – Offer lapsed on 16 July 2014 – Non-acceptance not unreasonable Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All E R 333 Dean v Stockland Property Management Pty Limited (No 2) [2010] NSWCA 141 Category: Costs Parties: Maryam Awad (Plaintiff) ISPT Pty Limited (First defendant) Jones Lang LaSalle (NSW) Pty Limited (Second defendant) Glad Cleaning Services Pty Limited (Third defendant) Representation: Counsel: Mr F Austin (Plaintiff) Mr J Gracie (First defendant) Mr C Purdy (Second defendant) Mr A Oag (Third defendant)

Solicitors: Gerard Malouf & Partners (Plaintiff) Colin Biggers & Paisley (First defendant) Vardanega Solicitors (Second defendant) McCabes Lawyers (Third defendant) File Number(s): 2014/51190 Publication restriction: No