Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust (No. 2) [2016] NSWSC 1233

Supreme Court New South Wales

Medium Neutral Citation: Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust (No. 2) [2016] NSWSC 1233 Hearing dates: 19 August 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) The Defendant is to pay the Plaintiff's costs on an ordinary basis up to and including 4 September 2014;

(2) The Plaintiff is to pay the Defendant's costs on an indemnity basis from 5 September 2014;

(3) The Defendant is to pay the whole of the judgment of $75,547 into Court;

(4) Stay the execution of the judgment including the orders for costs until the determination of any appeal or the determination of the costs and disbursements properly payable to the Plaintiff's solicitor whichever is the later; (5) Liberty to apply on 2 days' notice. Catchwords: COSTS – personal injuries claim – occupiers liability – judgment for less than $100,000 – UCPR 42.34 – proceedings commenced in District Court – transferred to Supreme Court – transfer not opposed by Defendant – transfer reasonable on then state of medical evidence – joint reports of expert doctors received subsequently – reports unfavourable to plaintiff – whether reasonable to continue proceedings in Supreme Court – hearing date fixed – continuation in Supreme Court reasonable

COSTS – offer of compromise and Calderbank offer by Defendant – offer not accepted – plaintiff recovered less than offer – form of offer of compromise – whether invalid for non-compliance with Rules - UCPR r 20.26 - whether offer included costs – whether reasonable for plaintiff to reject offer – whether reasonable period given for acceptance of offer – whether offer was a genuine compromise – plaintiff ordered to pay defendant's costs on indemnity basis from day following offer