Europa International Pty Ltd v Child (No 2) [2016] NSWSC 1275

Supreme Court New South Wales

Medium Neutral Citation: Europa International Pty Ltd v Child (No 2) [2016] NSWSC 1275 Hearing dates: On the papers Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Order plaintiff to pay defendants' costs on the ordinary basis up until 1 December 2015 and on the indemnity basis thereafter. Catchwords: COSTS – whether costs should follow the substantive event – where unsuccessful plaintiff seeking costs – where plaintiff claims partial success and claims that those issues are clearly dominant or separable – whether it is appropriate to divide up relevant issues - r 42.1 Uniform Civil Procedure Rules 2005 (NSW)

COSTS – whether costs should be awarded on the indemnity basis – Calderbank offer made by the defendants – offer not accepted – whether relevantly unreasonable for plaintiff not to accept offer Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 His Eminence Metropolitan Petar v The Macedonian Orthodox Community Church St Petka Inc (No. 2) [2007] NSWCA 142 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: Europa International Pty Ltd (Plaintiff) Keith Michael Child (First Defendant) Kylie Robyn Reddy (Second Defendant) Ian Kingham (Third Defendant) Redkin Equipments Pty Ltd (Fourth Defendant) Kindred Pty Ltd (Fifth Defendant) Representation: Counsel: H Mirza (Plaintiff) M J Walsh SC / M J Smith (Defendants)