Zhang v Popovic (No. 2) [2016] NSWSC 666

Supreme Court New South Wales

Medium Neutral Citation: Zhang v Popovic (No. 2) [2016] NSWSC 666 Hearing dates: 5 May 2016 and written submissions thereafter Decision date: 25 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the seventh defendant's costs (including any reserved costs) of the proceedings on the ordinary basis until 10 March 2016 and on an indemnity basis thereafter.

(2) Subject to (3) and (4) below, order the first, second and sixth defendants to pay the plaintiff's costs (including any reserved costs) of the proceedings.

(3) Order the sixth defendant to pay the costs which the plaintiff is liable (pursuant to order (1)) to pay the seventh defendant but on the ordinary basis only.

(4) Order the sixth defendant to pay the costs to which the first and second defendants are liable to pay to the plaintiff.

(5) Order the sixth defendant to pay the first and second defendants' costs of the proceedings, including their cross-claims.

(6) Dismiss the sixth defendant's notice of motion filed on 26 April 2016.

(7) Order the sixth defendant to pay the costs of John Tabuso, the respondent to its notice of motion filed on 26 April 2016.

(8) Note that the effect of orders (1) and (3) is that the plaintiff remains liable to the seventh defendant for the difference between its costs on an indemnity basis and its costs on the ordinary basis for the period from 10 March 2016. Catchwords: COSTS – plaintiff successful against first, second and sixth defendants and unsuccessful against seventh defendant – first, second and sixth defendants liable for plaintiff's ordinary costs – sixth defendant insurer liable to indemnify first and second defendants – seventh defendant made Calderbank offer and Offer of Compromise– plaintiff liable for indemnity costs of seventh defendant after non-acceptance of Offer of Compromise – plaintiff seeking Sanderson or Bullock order against unsuccessful defendants in respect of liability for successful defendant's costs – Bullock order made against sixth defendant for seventh defendants costs on ordinary basis – plaintiff liable for difference between seventh defendant's ordinary and indemnity costs after non-acceptance of offer