DXC Connect Pty Ltd v Deibe & Ors [2017] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: DXC Connect Pty Ltd v Deibe & Ors [2017] NSWSC 1356 Hearing dates: 22, 23 and 25 August 2017, costs submissions 7 September 2017 Decision date: 05 October 2017 Jurisdiction: Equity Before: Black J Decision: The Court orders that sixty per cent of the Plaintiff's costs of and incidental to the application heard on 22–23 and 25 August 2017, excluding costs referable to the preparation of affidavits to the extent they are relied on in the final hearing, as agreed or as assessed, be the Plaintiff's costs in the cause, and that there be no order as to the costs of the application for costs. Catchwords: COSTS — Party/Party — Costs orders in interlocutory proceedings — where interlocutory relief would reduce ultimate loss to Plaintiff – whether Plaintiff's costs should be its costs in the cause – reduction to costs order where Plaintiff partly unsuccessful

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – whether unreasonable for Plaintiff not to accept Sixth Defendant's Calderbank offer Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Uniform Civil Procedure Rules 2005 (NSW), Pt 42, rr 42.1, 42.7 Cases Cited: - Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 1119 - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Calderbank v Calderbank [1975] 3 All ER 333 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 - DXC Connect Pty Ltd v Deibe [2017] NSWSC 1159 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - John Fairfax Publications Pty Ltd v Birt [2006] NSWSC 995 - Kraissa v Hair Industrie Penrith Pty Ltd [2015] NSWSC 1905 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Petar v Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142 - Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1583 Category: Costs Parties: DXC Connect Pty Ltd (Plaintiff) Stephen Deibe (First Defendant) Antonino Arena (Second Defendant) Rohan Michael Busteed (Third Defendant) Jay Manaen Henry (Fourth Defendant) David Troy Hunter (Fifth Defendant) Robert McCabe (Sixth Defendant) Joseph Arcuri (Seventh Defendant) Representation: Counsel: J J Fernon SC/S B Docker (Plaintiff) R Alkadamani (Sixth Defendant)