Jewelsnloo Pty Ltd v Sengos (No 3) [2016] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: Jewelsnloo Pty Ltd v Sengos (No 3) [2016] NSWSC 535 Hearing dates: Decided on the papers Date of orders: 29 April 2016 Decision date: 29 April 2016 Jurisdiction: Equity Before: Robb J Decision: See par 38 Catchwords: COSTS – plaintiff successful on one claim in the proceedings, but otherwise had all claims dismissed against the first, fourth and fifth defendants – whether the plaintiff or those defendants should pay the costs of the proceedings – court satisfied that there should be an apportionment of costs in favour of the defendants – HELD defendants entitled to 75% of the costs of the proceedings against them; a 25% reduction in the amount of costs payable should be made to account for plaintiff's costs of obtaining interlocutory and permanent injunctions for passing off – HELD director of the plaintiff company to be personally liable for costs payable by the plaintiff to the first, fourth and fifth defendants by reason of an undertaking given by the director to pay those costs

COSTS – indemnity costs – whether there was a valid Calderbank offer from the second and third defendants – HELD defendants made a reasonable offer at a relatively early stage of the proceedings – whether the rejection of the Calderbank offer by the plaintiff was reasonable – court considered vitiating factors propounded by the plaintiff – HELD none of the factors identified by the plaintiff justified the rejection of the offer – HELD plaintiff to pay defendants ordinary costs up to the date of Calderbank offer, and thereafter on the indemnity basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Jewelsnloo Pty Ltd v Sengos (No 2) [2016] NSWSC 61 Category: Costs Parties: Jewelsnloo Pty Ltd (plaintiff) Paul Sengos (first defendant) Stanley Kotsiopoulos (second defendant) Kalyopy Kotsiopoulos (third defendant) Wholesale National Pty Ltd (fourth defendant) Associated Products Pty Ltd (fifth defendant) Representation: Counsel: E Chrysostomou (plaintiff) D M Jay (second and third defendants)