Awad v ISPT Pty Limited & Jones Lang LaSalle (NSW) Pty Limited & Glad Cleaning Services Pty Limited (No 3) [2015] NSWDC 331

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 3) [2015] NSWDC 331 Hearing dates: 1 December 2015 Date of orders: 02 December 2015 Decision date: 02 December 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Plaintiff's application under s 341 of the Legal Profession Act 2004 refused Catchwords: COSTS – Application to lift maximum costs limitation pursuant to s 341 Legal Profession Act 2004 – Whether defendants' conduct was not reasonably necessary for the advancement of their respective cases or intended or reasonably likely to unnecessarily delay or complicate the determination of the claim – Lengthy hearing, particularly submissions – 3 Defendants – s 341 not enlivened by failure of defendants to make any offer of compromise

COSTS – Application by second defendant that costs ordered to be paid by second and third defendants be paid pro rata to their liability for the plaintiff's damages – Third defendant relied on principle that "Equality is Equity – Costs ordered pro rata

COSTS – Application by second defendant regarding its offer of compromise to the other defendants – Application refused – "Close enough is not good enough" Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Legal Profession Act 1987 Legal Profession Act 2004 Legal Profession Uniform Law Application Act 2014 Texts Cited: Meagher, Gummow and Lehane, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th Ed 2014, Lexis Nexis Butterworths) 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)