Kovac v Chanak (No 2) [2017] NSWSC 1078

Supreme Court New South Wales

Medium Neutral Citation: Kovac v Chanak (No 2) [2017] NSWSC 1078 Hearing dates: 14 August 2017 Date of orders: 14 August 2017 Decision date: 14 August 2017 Jurisdiction: Equity Before: Kunc J Decision: Defendant to pay plaintiff's costs on the indemnity basis Catchwords: PRODEDURE - Costs - Scales of costs – Indemnity costs Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Herning v GWS Machinery Pty Ltd (No 2) [2005] NSWCA 375 Leichhardt Municipal Council v Green [2004] NSWCA 341 Vosnakis v Arfaras [2015] NSWSC 625 Category: Costs Parties: Ljubica Kovac (Plaintiff)

George Milan Chanak (Defendant) Representation: Counsel: G McGrath (Plaintiff) S F Hughes (Defendant)

Solicitors: Yuill Lawyers (Plaintiff) Millards Lawyers (Defendant) File Number(s): 2015/268927 Publication restriction: No

EX TEMPORE Judgment (REVISED)

Summary 1. HIS HONOUR: On 31 July 2017 the Court delivered its reasons in these proceedings (the "principal judgment"). Terms in the principal judgment have the same meaning in these reasons. 2. The effect of the principal judgment was complete success for Libby against George, being that George should transfer plots 33 and 34 to Libby. 3. The parties have agreed the terms of orders to give effect to the principal judgment. The only matter on which they disagree is Libby's application that George should pay her costs of the proceedings on the indemnity basis. That application is made by reference to a series of offers, most relevantly prior to the commencement of the proceedings by the filing of a statement of claim on 14 September 2015. 4. In the exercise of its costs discretion and for the reasons which follow, the Court has determined that George should pay Libby's costs of the entire proceedings on the indemnity basis.