NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Buono v Mazzella (No 2) [2016] NSWSC 891 Hearing dates: By way of written submissions Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) The cross claimant is to pay the first cross defendant's costs of the cross claim on an indemnity basis and the defendant is to pay the plaintiff's costs of these proceedings on an indemnity basis up until 26 May 2016. Catchwords: COSTS – indemnity costs – where offer of Calderbank letter – reasonableness of rejection – rejection was unreasonable Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Buono v Mazzella [2016] NSWSC 659 Calderbank v Calderbank [1975] 3 WLR 586 Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 Leichhardt Municipal Council v Green [2004] NSWCA 341 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Sydney City Council v Geftlick [2006] NSWCA 280 Category: Costs Parties: Maddalena Buono (Plaintiff/First Cross Defendant) Porfirio Mazzella (Defendant/Cross Claimant) Representation: Counsel: G Turner (Plaintiff/Cross Defendant)
Solicitors: CKB Associates Lawyers (Plaintiff/Cross Defendant) P Mazzella (Defendant/Cross Claimant in person) File Number(s): 2015/137381 Publication restriction: Nil
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