NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Mitar v Mitar (No 2) [2017] NSWSC 1308 Hearing dates: 20 September 2017 Date of orders: 27 September 2017 Decision date: 27 September 2017 Jurisdiction: Equity Before: Robb J Decision: The plaintiff's costs of the proceedings are to be paid out of the estate of the deceased on the ordinary basis and the defendants costs are to be paid out of the estate of the deceased on an indemnity basis. Catchwords: COSTS — Party/party — Indemnity costs — Whether plaintiff should be ordered to pay defendant's costs on an indemnity basis — Where defendant made an offer of compromise to the plaintiff — Where plaintiff obtained a result more favourable than the offer. Legislation Cited: Uniform Civil Procedure Rules (NSW) r 20.26. Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Cunningham v Guardian Royal Financial Services Pty Ltd [2017] NSWSC 1057 Mitar v Mitar [2017] NSWSC 647 Oxlade v Gosbridge Pty Ltd (No 2) [1999] NSWCA 165 Treloar Constructions Pty Ltd (No 2) [2017] NSWCA 146 Walker v Harwood [2017] NSWCA 228 Walsh v Walsh (No 2) [2013] NSWSC 1281 Whitney v Dream Development Pty Ltd (2013) 84 NSWLR 311; [2013] NSWCA 188 Category: Costs Parties: Ante Mitar (plaintiff) Maria Mitar (defendant) Representation: Counsel: Dr J Lucy (plaintiff) Dr H Bennett (defendant)
Solicitors: Berala Law Group (plaintiff) Glass Goodwin Solicitors (defendant) File Number(s): 2015/269034
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