Oneflare Pty Ltd v Chernih [No.2] [2017] NSWSC 302

Supreme Court New South Wales

Medium Neutral Citation: Oneflare Pty Ltd v Chernih [No.2] [2017] NSWSC 302 Hearing dates: On the papers Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss with costs the defendants' application for indemnity costs. Catchwords: COSTS – whether indemnity costs should be awarded – whether offers of compromise were made – whether Court should otherwise order (UCPR r 42.15A) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Caine v Lumley General Insurance Ltd (No.2) [2008] NSWCA 109 Calderbank v Calderbank [1976] Fam 93 Oneflare v Chernih [2016] NSWSC 1271 Category: Costs Parties: Oneflare Pty Ltd (Plaintiff) Nicholas Chernih (First Defendant) Linkbuild SEO Pty Ltd (Second Defendant) Representation: Counsel: G Lucarelli (Plaintiff) D W Robertson (Defendants)

Solicitors: Levitt Robinson Solicitors (Plaintiff) Robertson Saxton Primrose Dunn (Defendants) File Number(s): 2014/336363

Judgment 1. HIS HONOUR: I heard these proceedings over five days in March, and a further day in August, 2016 and gave judgment on 13 September 2016 [1] . I concluded that the plaintiff's claim failed, and that there should be judgment for the defendants. The parties accept that costs should follow the event. However, the defendants seek a special order for costs. That is the subject of these reasons.