Manfate Pty Ltd v Krahe & Krahe (No 2) [2016] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Manfate Pty Ltd v Krahe & Krahe (No 2) [2016] NSWDC 71 Hearing dates: 17 March 2016 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: (1) Defendants to pay the plaintiff's costs on the ordinary basis until 24 February 2016

(2) Defendants to pay the plaintiff's costs on an indemnity basis from 25 February 2016

(3) Defendants to pay the plaintiff's costs on an indemnity basis for all costs incurred by the plaintiff in relation to the affidavits served by the defendants from Ms Virtue and Mr Hammond sworn on 15 October 2015, including the preparation of any necessary affidavits from witnesses who were not ultimately called in the proceedings by the plaintiff Catchwords: COSTS – Plaintiff's offer of compromise bettered by judgment for plaintiff – Application for indemnity costs in relation to costs of meeting affidavits served by defendant on issue which was not pursued - Affidavits expanded upon evidence unnecessarily and were only peripheral to the real issues joined between the parties Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Costs Parties: Manfate Pty Ltd (Plaintiff) Peter Krahe (First Defendant) Paula Krahe (Second Defendant) Representation: Counsel: Ms J Steel (Plaintiff) Mr P Reynolds (Defendants)

Solicitors: Colins Biggers & Paisley (Plaintiff) Clifton Legal (Defendants) File Number(s): 2015/69524 Publication restriction: No