NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Ferella v Stomo (No. 2) [2017] NSWDC 61 Hearing dates: 7 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to s 98 Civil Procedure Act 2005 (NSW), the plaintiffs are to pay the defendant's costs on an indemnity basis and by way of a gross sum of $17,000. (2) The plaintiffs are to pay the defendant's counsel's costs of this application, in the gross sum of $1,000. Catchwords: COSTS – indemnity costs – successful party served Offer of Compromise and Calderbank offer and made repeated 'without prejudice' offers of settlement – order for indemnity costs made – appropriateness of gross sum costs orders in costs appeals – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.25, 20.26 and 42.15A Cases Cited: GE Dal Pont, Law of Costs, 3rd e.d. (LexisNexis, 2013) Texts Cited: Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Calderbank v Calderbank [1975] 3 All ER 333 Ferella v Key Nominees Pty Ltd [2016] NSWDC 44 Ferella v Stomo [2017] NSWDC 34 Harrison v Schipp (2002) 54 NSWLR 738 Lambert v Jackson [2011] FAMCA 275 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 O'Rourke v P & B Corporation Pty Ltd [2008] WASC 36 Re Palladium Consulting Pty Ltd [2013] NSWSC 92 Riva NSW Pty Ltd v Fraser & Clancy t/as Fraser Clancy Lawyers [2014] NSWCA 454 Riva NSW Pty Ltd v Fraser (t/as Fraser Clancy Lawyers) [2014] NSWCA 455 Starr-Diamond v Diamond (No 4) [2013] NSWSC 811 Wilkie v Brown [2016] NSWCA 128 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Zepinic v Chateau Constructions (Aust) Ltd; Zepinic v Chateau Constructions (Aust) Ltd [2016] NSWCA 361 Category: Principal judgment Parties: First Plaintiff: Angelo Ferella Second Plaintiff: Gustavo Ferella Third Plaintiff: Riva NSW Pty Ltd Defendant: Chris Stomo Representation: Counsel: Plaintiff: Mr R K Newton Defendant: Mr T Buterin
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