Telfer v Fairfax (No 2) [2016] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: Telfer v Fairfax (No 2) [2016] NSWSC 639 Hearing dates: On the papers Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Equity Before: Robb J Decision: See par 59 Catchwords: COST ORDERS – issues in the plaintiff's statement of claim contested between the plaintiff and the second defendant – first defendant administrator filed submitting appearance – plaintiff succeeded on most claims in the statement of claim, but failed on others – plaintiff relied upon offer of compromise – HELD offer of compromise ineffective because it did not involve any real element of compromise – plaintiff entitled to her costs on the ordinary basis in respect of the claims in the statement of claim on which she succeeded

COST ORDERS – second defendant/cross claimant succeeded on his cross claim and some claims in the statement of claim – HELD second defendant/cross claimant entitled to his costs from the plaintiff/cross defendant on the ordinary basis in respect of the claims in the cross claim and the claims in the statement of claim on which he succeeded Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Leichhardt Municipal Council v Green [2004] NSWCA 341 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Costs Parties: Carolyn Telfer (plaintiff) Kenneth John Fairfax in his capacity as administrator of the estate of Lyall Telfer (first defendant) Mark Andrew Telfer (second defendant) Representation: Counsel: A G Martin (plaintiff) M Rollinson (second defendant)