Mega-top Cargo Pty Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mega-top Cargo Pty Ltd v Moneytech Services Pty Ltd [2016] NSWCA 3 Hearing dates: 16 December 2015 Decision date: 03 February 2016 Before: Gleeson JA; Leeming JA; Emmett AJA Decision: Application to vary costs orders refused. Catchwords: COSTS – offer of compromise – "walk-away" offer – no significant compromise – no basis for special costs order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A, 51.47, 51.48 Cases Cited: Calderbank v Calderbank [1976] Fam 93 Taheri v Vitek (No 2) [2014] NSWCA 344 Category: Costs Parties: Mega-top Cargo Pty Ltd (Appellant) Moneytech Services Pty Ltd (Respondent) Representation: Counsel: T Hall, solicitor (Appellant) C D Wood (Respondent)

Solicitors: Hall Partners (Appellant) Berry Buddle Wilkins Lawyers (Respondent) File Number(s): 2015/151853 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 30 April 2015 Before: Olsson DCJ File Number(s): 2014/245779

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]