The White Ant Co Pty Ltd v Robson (No 2) [2016] NSWCA 245

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The White Ant Co Pty Ltd v Robson (No 2) [2016] NSWCA 245 Hearing dates: On the papers Decision date: 07 September 2016 Before: Macfarlan JA at [1]; Gleeson JA at [2]; Emmett AJA at [3] Decision: The First and Second Respondents pay 40 per cent of the Appellant's costs of the appeal and the application for leave to appeal. Catchwords: COSTS – costs of appeal and leave to appeal application – rule that costs follow the event – indemnity costs – costs of proceedings in District Court – whether Respondent acted reasonably in not accepting offers of compromise Legislation Cited: Uniform Civil Procedure Rules, rr 36.16, 42.1 Category: Costs Parties: The White Ant Co Pty Ltd (Appellant) Michael Robson (First Respondent) Judith Robson (Second Respondent) Representation: Counsel: Mr C Johnstone (Appellant) Mr DE Grieve QC / Ms CJ Smith (First and Second Respondents)

Solicitors: Pikes & Verekers Lawyers (Appellant) Somerville Laundry Lomax (First and Second Respondents) File Number(s): 2015/14881 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2014] NSWDC 251 Date of Decision: 22 December 2014 Before: Neilson DCJ File Number(s): 2011/101316