Fan v Han (No. 2) [2016] NSWSC 1651

Supreme Court New South Wales

Medium Neutral Citation: Fan v Han (No. 2) [2016] NSWSC 1651 Hearing dates: 16 November 2016 Decision date: 16 November 2016 Jurisdiction: Equity Before: White J Decision: Order that the first defendant pay three-quarters of the plaintiff's costs of the proceedings up to and including 16 September 2016, and pay the plaintiff's costs of the proceedings on the indemnity basis thereafter. Catchwords: PRACTICE AND PROCEDURE — costs — plaintiff succeeded on one of two alternative bases — alternative bases did not give rise to severable issues — no alternative basis dominant over another — defendant enjoyed a measure of success on cross claim — plaintiff made an offer of compromise — offer of compromise included term that all existing cost orders made in the proceedings be vacated — defendant did not accept offer of compromise — whether plaintiff entitled to an order that the defendant pay costs on the indemnity basis — plaintiff obtained judgment no less favourable to the plaintiff than the terms of the offer — whether offer valid under r 20.26 of the Uniform Civil Procedure Rules 2005 not decided — offer valid as a Calderbank offer — defendant did not act reasonably in rejecting the plaintiff's offer — defendant to pay 80 per cent of plaintiff's costs up to the date on which the offer of compromise was made and pay plaintiff's costs on the indemnity basis thereafter Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Fan v Han [2016] NSWSC 1488 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 Reitano v Reitano [2012] NSWSC 1127 Category: Costs Parties: Yi Jun Fan (Plaintiff) Rui Han (First Defendant) Representation: Counsel: A Macauley (Plaintiff) A Gruzman (First Defendant)