NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: James v The Owners – Strata Plan No 11478 (No 2) [2016] NSWSC 1701 Hearing dates: On the papers Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Equity Before: Darke J Decision: Order made for indemnity costs pursuant to UCPR r 42.15A. Catchwords: COSTS – offers of compromise – "walk away" offer made by defendants – offer not accepted by plaintiff – defendants obtain order no less favourable than terms of offer – whether offer triggers prima facie entitlement to indemnity costs – Uniform Civil Procedure Rules 2005 (NSW) r 42.15A Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.15A Cases Cited: James v The Owners – Strata Plan No 11478 [2016] NSWSC 1558 Leach v The Nominal Defendant (No 2) [2014] NSWCA 391 Taheri v Vitek (No 2) [2014] NSWCA 344 Prospect Resources Limited v Molyneux [2015] NSWCA 171 Regency Media Pty Limited v AAV Australia Pty Limited [2009] NSWCA 368 Category: Costs Parties: Jennifer Elizabeth James (Plaintiff) The Owners – Strata Plan No 11478 (First Defendant) Robert Anderson (Second Defendant) Advanced Community Management Pty Limited (Third Defendant) Representation: Counsel: In person (Plaintiff) Mr S A Adair (Second and Third Defendants)
Solicitors: Sparke Helmore Lawyers (Second and Third Defendants) File Number(s): 2014/37203 Publication restriction: None
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