Simone v Kola (No 3) [2017] NSWSC 968

Supreme Court New South Wales

Medium Neutral Citation: Simone v Kola (No 3) [2017] NSWSC 968 Hearing dates: 13 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Appeal allowed. (2) The orders made by Magistrate Bradd on 7 June 2016 and 8 November 2016 be set aside. (3) The Amended Statement of Claim filed on 22 May 2015 be dismissed. (4) The Statement of Cross-Claim filed on 7 July 2015 be dismissed. (5) The Defendants pay the costs below of the Plaintiff, on the ordinary basis up to (and including) 22 December 2015 and from (and including) 23 December 2015 on the indemnity basis. (6) The Defendants pay the costs of the Plaintiff on the ordinary basis. (7) All exhibits and subpoenaed material are to be returned after 28 days. Catchwords: PROCEDURE – costs – departing from the general rule – indemnity costs – Calderbank offers – orders sought made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Curtis v Harden Shire Council (No 2) [2015] NSWCA 45 Fabre v Lui (No 2) [2015] NSWCA 312 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Rickard Constructions v Rickard Hails Moretti & Ors [2005] NSWSC 481 Simone v Kola (No 2) [2017] NSWSC 821 Category: Costs Parties: Michael Simone trading as Simone Legal (Plaintiff) Mechelle Kola (First Defendant) Corema Pty Limited (Second Defendant) Triple Crowne Investment's Pty Limited (Third Defendant) Kola Investments Pty Limited (Fourth Defendant) Representation: Counsel: Mr M Fernandes (Plaintiff) Mr R Lynch (Defendant)