NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Talwar v Ox Two Pty Ltd t/as Ocean Extreme & Anor (No. 2) [2017] NSWDC 118 Hearing dates: 12 May 2017 (close of submissions 16 May 2017) Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The defendants are to pay the plaintiff's costs of the proceedings until 25 February 2016 on the ordinary basis, and from 26 February 2016 on the indemnity basis;
2. The defendants are to pay the plaintiff's costs of the plaintiff's present application for costs;
3. The exhibits may be returned;
4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: COSTS – application by successful plaintiff for an order for indemnity costs following a rules compliant offer of compromise Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005, r 20.26, r 42.14 Cases Cited: Talwar & Ors v Ox. Two Pty Ltd trading as Ocean Extreme (ABN 46 115 919 509) & Anor [2016] NSWDC 78 Talwar v Ox-Two Pty Ltd t/as Ocean Extreme & Anor [2017] NSWDC 72 Category: Costs Parties: Shivani Talwar (Plaintiff) Ox Two Pty Ltd t/as Ocean Extreme (First defendant) Jetboats Australia Pty Ltd t/as Harbour Jet (Second defendant) Representation: Counsel: Ms K Balendra (Plaintiff) Mr S Glascott (Defendants)
Solicitors: Slater & Gordon (Plaintiff) McCulloch & Buggy (Defendants) File Number(s): 2013/158533 Publication restriction: None
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