Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd (No 2) [2017] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd (No 2) [2017] NSWSC 1504 Hearing dates: On the papers Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs ordered to pay 50% of defendant's costs. Catchwords: COSTS – defendant claims that plaintiffs unreasonably refused to accept open offer at early stage of proceedings – plaintiffs did not act unreasonably – two issues remained at hearing of proceedings – defendant successful on one issue – other issue not determined on the merits – appropriate for plaintiffs to pay 50% of defendant's costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Elite Protective Personnel Pty Ltd & Anor v Salmon (No 2) [2007] NSWCA 373 Hancock v Rinehart (Costs) [2016] NSWSC 11 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Yeshiva Synagogue Incorporated 9893834 v Karimbla Properties (No 10) Pty Ltd [2017] NSWSC 1368 Category: Costs Parties: Yeshiva Synagogue Incorporated 9893834 (First Plaintiff/First Cross-Claimant to Second Cross-Claim/First Cross-Defendant) Sydney Talmudical College Association (Second Plaintiff/Second Cross-Claimant to Second Cross-Claim/Second Cross-Defendant) Rabbi Yosef Feldman (Third Cross-Claimant to Second Cross-Claim) Karimbla Properties (No 10) Pty Ltd (Defendant/First Cross-Claimant) Representation: Counsel: Mr S A Lawrance and Mr A R Jordan (Defendant/First Cross-Claimant)