NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Gulab Khan v Matthew Rathjen (No 2) [2016] NSWDC 213 Hearing dates: 1 September 2016 Date of orders: 15 September 2016 Decision date: 15 September 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Defendant to pay plaintiff's costs on an indemnity basis from 3 December 2015. For orders see [44] Catchwords: Costs – whether successive Offers of Compromise were invalid; discretion to "otherwise order" indemnity costs Legislation Cited: Civil Procedure Act 2005, ss 3, 56, 98 Evidence Act 1995, s 131 Uniform Civil Procedure Rules 2005, rr 20.26, 20.29, 42.14, Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Dibbs v Emirates (No 2) [2015] NSWSC 1786 Helm v Pel-Air Aviation Pty Limited (No 3) [2015] NSWSC 857 McGlashan v QBE Insurance (Australia) Limited (No 4) [2014] NSWSC 882 Neville v Lam (No 4) [2014] NSWSC 1088 Norris v Routley [2016] NSWSC 147 NT Power Generation Pty Limited v Power and Water Authority (2004) 219 CLR 90 Category: Costs Parties: Gulab Khan (Plaintiff) Matthew Rathjen (Defendant) Representation: Counsel: R O'Keefe (Plaintiff) N Chen (Defendant)
Solicitors: Turner Freeman HWL Ebsworth Lawyers File Number(s): 14/157331 Publication restriction: Nil
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